Legal fee glossary
Plain-English meanings of the words lawyers use when they talk about what a case costs. Rules and practice vary by state and by lawyer, so treat these as general definitions and read your own fee agreement.
- Retainer
- Money you pay a lawyer up front. Usually it's an advance deposit: the lawyer holds it in a trust account and takes out fees as the work is done, and any unused part goes back to you. Some agreements use the word for a fee that's earned as soon as it's paid, so check which kind yours is.
- Flat fee
- One set price for a defined piece of work, such as a will or a residential closing. It doesn't change with the hours spent, but it covers only the work the agreement lists.
- Hourly rate
- The price for one hour of a lawyer's or staff member's time. Your bill is the rate times the hours worked, and different people at a firm often have different rates.
- Billable hour
- Time a lawyer records as work done for a client, usually in tenths of an hour (six minutes). It can include research, drafting, calls and court appearances.
- Contingency fee
- A fee that's a percentage of the money the lawyer recovers for you. You owe it only if there's a recovery. It's common in injury cases and generally isn't allowed in divorce or criminal defense.
- Trust account
- A separate bank account where a lawyer holds a client's money, such as an advance deposit or a settlement. It's kept apart from the firm's own money and can be used only as the agreement and the law allow.
- Consultation fee
- What a lawyer charges for a first meeting to talk about your matter. Some lawyers offer it free and others charge a set fee or an hourly rate. Ask whether it's credited toward your bill if you hire the lawyer.
- Court costs
- Charges from the court and from others who help with the case, such as filing fees, serving papers, court reporters and copies. They're separate from the lawyer's fee.
- Filing fee
- The fee a court clerk charges to start a case, respond to one or file a document. The court sets it, not the lawyer, and you usually pay it in addition to the lawyer's fee.
- Limited-scope representation
- An arrangement where a lawyer handles only part of your matter, such as one hearing or a document review, and you handle the rest. The agreement should say exactly what the lawyer will and won't do. It's also called unbundled legal services.
- Fee agreement
- The written contract that says what the lawyer will do, how the lawyer will be paid and what other costs you owe. Some kinds of fees, such as contingency fees, generally have to be in writing. Read it before you sign, and keep a copy.
- Costs vs fees
- Fees pay for the lawyer's time and skill. Costs are expenses paid to others for your matter, such as filing fees, records, experts and travel. A bill can list both, and a contingency agreement should say whether costs come out before or after the lawyer's percentage.
Where to see real numbers
See what Illinois law firms publish on their cost guides, and what the courts charge on the court filing fees by county page.