Appellate Attorney Gray R. Proctor
From Small Claims Court to the Supreme Court

Fees in Civil Cases

Old-timey values:


Hopefully, the other side will be paying me.

In insurance litigation, civil rights cases, and cases taken on a contingency below, you might not have to worry about fees. 

Some laws give certain parties the right to recover attorney fees from the other side. In other cases, a contract might give one side the right to demand attorney fees. When a law or a clause in a contract gives fees to the prevailing party, my motto is "let's prevail." 

On the other hand, if you have a personal injury or have a similar case that's being done on contingency for part of the recovery, I can often be retained in return for a share of the proceeds already earmarked for attorney fees. Depending on the case, I might ask for 5%-15% of the total recovery, if and when the client gets paid.

But if you're paying me, no surprises.  I promise.

Fees depend principally on the length of the trial court proceedings, the size of the record, the number of likely issues and their complexity.  Typically, flat fees range from around $15,000 to $55,000.  

The flat fee typically covers all the work:  reviewing the record, communicating with you and with the other lawyers, researching and writing the briefs, oral argument, routine procedural matters and — in appropriate cases — exploring settlement.

The flat fee also includes all legal research costs.