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Legal DIY & Cost Estimator

Contingency Fee Calculator

Compute the take-home settlement after attorney contingency fee, case costs (filing fees, deposition transcripts, expert witnesses, exhibits), lien obligations (Medicare conditional payments, Medicaid recovery, ERISA-plan reimbursement, hospital liens, workers' compensation offset), and tax treatment under IRC §104(a)(2). Standard contingency rates are 33⅓% pre-litigation, 40% post-filing, and 45% post-appeal — but each state has caps and adjustments. Florida caps medical-malpractice contingency at 33⅓% under Rule Regulating the Florida Bar 4-1.5(f)(4)(B); California limits medical malpractice fees under Cal. Bus. & Prof. Code §6146 with a sliding scale; ABA Model Rule 1.5 governs reasonableness across all jurisdictions. The take-home figure most online calculators show ignores liens — and liens often consume 20–40% of what's left after attorney fees + costs. This estimator surfaces all four components.

Estimate, not legal advice. This tool estimates settlement take-home after fee, costs, and liens. It does not enforce state fee caps and is not legal advice. Consult a licensed attorney in your jurisdiction; state caps and ABA Model Rule 1.5 may limit the fee.

The total settlement or award before any deductions. Every figure below is relative to this number.

Market practice is roughly 33⅓% pre-suit, 40% post-filing, 45% post-appeal — but the rate is set by your retainer and may be limited by a state cap.

Case costs = filing fees, deposition transcripts, expert witnesses, exhibits. Liens = Medicare conditional payments, Medicaid recovery, ERISA-plan reimbursement, hospital liens, workers’-comp offset. Use post-negotiation lien figures if you have them.

Off (default): the fee is taken on the gross recovery, then costs are reimbursed. On: case costs are removed first and the fee is computed on what remains — the more client-favorable convention. Your retainer agreement controls which applies.

Net to client
$51,670
51.7% of the $100,000 gross recovery, after fee, costs, and liens
Attorney fee
$33,330

on a $100,000 fee base

Effective fee
33.3%

share of the gross recovery

Case costs
$5,000

reimbursed expenses

Liens
$10,000

third-party claims

Where the recovery goes

The dark bar is the gross recovery. Each ember bar is a deduction — attorney fee, then case costs, then liens — floating at the running balance. The final bar is what the client keeps (green), or the shortfall (red) if deductions exceed the recovery.

View the TypeScript implementation on GitHub: packages/calc/src/contingency-fee-calculator.ts · view tests

What this means

The number that matters at the end of a case is not the headline settlement — it is what reaches the client’s pocket after the attorney fee, the reimbursed case costs, and the third-party liens are all settled. A $100,000 settlement and a $100,000 take-home are very different things, and the gap between them is exactly what this estimator makes visible. It walks your own numbers through the same arithmetic a disbursement statement does; it does not predict what a case is worth, and it is not legal advice.

The single subtlety worth understanding is the fee base. Some retainers take the contingency percentage on the entire gross recovery and reimburse case costs separately; others remove case costs first and apply the percentage only to what remains. Same gross, same percentage, same costs — but the costs-before-fee convention shrinks the base, so the fee is smaller and the client keeps more. In my experience this clause is the most overlooked line in a retainer, and the toggle here exists so you can see, in dollars, what it is worth.

I’ve found that liens are where take-home estimates most often go wrong, because most online calculators stop at the fee. Medicare, Medicaid, ERISA health plans, and hospital liens all have a claim on the proceeds, and they can consume a large share of what is left after fees and costs. I’ve seen a clean-looking settlement net out to almost nothing once the liens were counted — which is why this tool shows a negative net rather than hiding it behind a comforting zero. A negative result is not an error; it is the signal that the liens need to be negotiated down before the deal can close, work a licensed attorney handles. Whether any settlement is right for you is a decision for you and your attorney, not for a calculator.

Worked example

Take a $100,000 settlement with a 33⅓% contingency, $5,000 in case costs, and $10,000 in liens. With the fee computed on the gross(the common default), the attorney fee is $100,000 × 0.3333 = $33,330. Take-home is $100,000 − $33,330 − $5,000 − $10,000 = $51,670 — about 51.7% of the recovery. The effective fee here equals the nominal rate, 33.33%, because the base was the whole recovery.

Now flip the retainer to costs before the fee. The base becomes $100,000 − $5,000 = $95,000, so the fee is $95,000 × 0.3333 = $31,663.50— about $1,667 less. Take-home rises to $100,000 − $31,663.50 − $5,000 − $10,000 = $53,336.50, and the effective fee drops to 31.66%of the gross even though the contracted rate never changed. I’ve seen that single clause swing a take-home by thousands of dollars on a mid-size case — which is exactly why it is worth reading the retainer closely and, on any consequential settlement, asking a licensed attorney how the costs term applies to your matter.

Frequently asked questions

See the methodology — how this tool is built, sourced (ABA Model Rule 1.5, Florida Bar Rule 4-1.5, Cal. Bus. & Prof. Code §6146, IRC §104), and reviewed. The take-home math is open source and independently verifiable. This is an estimate, not legal advice.

By Last verified against ABA Model Rule 1.5 + Florida Bar Rule 4-1.5(f)(4)(B) + Cal. Bus. & Prof. Code §6146 + IRC §104

Founder & Editor, Bedrocka Tools

The information and tools on this website are for general educational purposes only and do not constitute financial, investment, legal, or tax advice. Consult a licensed professional for decisions specific to your situation.