If the attorney spends less time on the case than anticipated, he may keep the excess fee amount, unless he and client agree otherwise. However, if the attorney charges a flat fee and the case requires more time and effort than originally anticipated, the attorney may not later demand more money. An hourly rate is a predetermined amount chargeable for the attorney's work. The attorney and client may agree that these fees be paid periodically or in one lump sum at the end of the case. The time that an attorney charges for legal work is called billable time, or billable hours.
Hourly rates vary according to the attorney's expertise and experience.
Some critics have argued that hourly rates discourage quick work and expedited resolutions. Before agreeing to payment of an hourly rate, prospective clients should ask for a written estimate of the number of billable hours that the attorney anticipates will be necessary for the case. A contingent fee represents a certain percentage of the recovery in the client's case. For example, a typical contingent fee might be about one-third of the recovery in an action for personal injury. Attorneys use a contingent fee when the client seeks money damages.