Contingency fee calculator

By Javi Pérez, independent researcher (not a lawyer)Last reviewed · 4 sources cited below · How we research

General information, not legal advice. Fees and rules change and differ by court and county. Confirm current amounts with the court or a lawyer licensed in your state before you rely on them.

Short answer

Your net recovery is the gross amount minus the lawyer's percentage, case costs and any liens. Whether costs come out before or after the percentage is calculated changes the result, and your written fee agreement must say which method applies. Some states and federal programs cap contingency percentages.

Costs before or after the fee: why it matters

ABA Model Rule 1.5(c) requires a contingency agreement to be in writing, signed by the client, and to state the percentage, the litigation and other expenses to be deducted, and whether those expenses are deducted before or after the contingent fee is calculated[1].

Example: $100,000 recovery, 33.3% fee, $6,000 costs. Costs after the fee: fee = $33,300, you receive $100,000 − $33,300 − $6,000 = $60,700. Costs before the fee: fee = 33.3% × $94,000 = $31,302, you receive $62,698. Same case, about $2,000 difference.

Legal caps on contingency percentages

Some fees are capped by law. Examples: the Federal Tort Claims Act limits fees to 20% of an administrative settlement and 25% of a judgment or court settlement[2]; New York's Judiciary Law §474-a sets a sliding scale for medical malpractice (30% of the first $250,000, falling to 10% above $1.25 million)[3]; Social Security disability representatives are generally limited to 25% of past-due benefits or $9,200, whichever is less[4]. See our contingency fee guide for state rules.

Liens and medical bills

Health insurers, Medicare, Medicaid and hospitals may have a legal right to be repaid from an injury recovery. Those amounts come out of your share, not the lawyer's, unless the lawyer negotiates them down. Ask early who will negotiate liens and whether that work is included in the percentage.

Frequently asked questions

What percentage do contingency lawyers take?

The percentage is set by the written agreement and must be reasonable under the state's version of ABA Rule 1.5. Some areas are capped by law, such as federal tort claims (20% or 25%) and New York medical malpractice (a sliding scale starting at 30%).

Is the fee calculated on the gross or net amount?

Either, depending on the agreement. The agreement must say whether expenses are deducted before or after the fee is calculated; deducting them first lowers the fee.

Can a contingency percentage go up if the case goes to trial?

Many agreements use a higher percentage once a lawsuit is filed or a trial begins. That is allowed if it is stated in the signed agreement and the total remains reasonable and within any legal cap.

Sources

  1. Model Rule 1.5: Fees — American Bar Association. Fees must be reasonable; contingency agreements in writing; no contingency fees in criminal cases (checked October 11, 2026)
  2. 28 U.S. Code § 2678 – Attorney fees; penalty — Legal Information Institute (Cornell). FTCA fee caps of 20% and 25% (checked October 11, 2026)
  3. Judiciary Law § 474-A — New York State Senate. Sliding-scale cap for medical malpractice contingency fees (checked October 11, 2026)
  4. Fee Agreements — Social Security Administration. Fee cap of 25% of past-due benefits up to $9,200 (checked October 11, 2026)