The True Cost of Hourly Billing


The Hidden Financial Burden of Hourly Legal Fees

When businesses face litigation, one of the first questions is: “How much will this cost?” With traditional hourly billing, the answer is deeply uncertain and often financially devastating. Understanding the true cost of hourly billing—and comparing it to contingency representation—is essential for making informed decisions about pursuing your legal rights.

Melmed Law Group takes on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.

What Hourly Billing Actually Costs: Real Numbers

Hourly Rate Ranges for Business Litigation Attorneys

Business litigation attorneys typically charge between $500 and $1,000 per hour. The specific rate depends on factors including the attorney’s experience, geographic location, firm size, and case complexity.

Common hourly rate tiers:

  • Junior associates: $300–$500 per hour
  • Senior associates: $500–$700 per hour
  • Partners: $700–$1,000 per hour
  • Specialized or high-profile attorneys: $1,000+ per hour

A single case typically involves multiple attorneys and staff working at different rates, all billing separately for time spent on your matter.

The Initial Retainer: Your First Major Expense

Before any work begins, hourly billing firms require a retainer—an upfront deposit against future legal fees. For business litigation cases, retainers typically range from:

  • Simple contract disputes: $25,000–$50,000
  • Mid-complexity business litigation: $50,000–$100,000
  • Complex cases or high-stakes litigation: $100,000–$250,000 or more

This money must be paid before the firm begins work on your case. The firm draws down the retainer as they bill hours, and you must replenish it when depleted—often multiple times throughout litigation.

With Melmed Law Group’s contingency model, there is no retainer required. The lawyers at Melmed Law Group take on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you.

Monthly Billing: The Ongoing Expense

Once litigation begins, you receive monthly bills. These bills can vary dramatically depending on case activity, but typical monthly costs include:

Low-activity months: $10,000–$25,000

  • Routine correspondence and case management
  • Document review
  • Status conferences
  • Strategy discussions

Moderate-activity months: $25,000–$75,000

  • Discovery requests and responses
  • Depositions
  • Legal research and brief drafting
  • Client meetings and case updates

High-activity months: $75,000–$200,000+

  • Multiple depositions
  • Expert witness preparation
  • Significant motion practice
  • Trial preparation
  • Intensive document review

For a case lasting 18–24 months, monthly bills can easily total $500,000 to $1,000,000 or more in attorney’s fees.

Total Case Costs: Realistic Examples

Example 1: Breach of Contract Case (Moderately Complex)

  • Initial retainer: $50,000
  • Pre-trial litigation (12 months): $300,000
  • Trial preparation and trial (3 months): $200,000
  • Total attorney’s fees: $550,000

Example 2: Partnership Dispute with Discovery

  • Initial retainer: $75,000
  • Discovery phase (10 months): $350,000
  • Motion practice and mediation: $100,000
  • Trial preparation and trial: $275,000
  • Total attorney’s fees: $800,000

Example 3: Shareholder Oppression Case

  • Initial retainer: $60,000
  • Investigation and pleadings: $80,000
  • Discovery including forensic accounting: $400,000
  • Expert depositions and trial prep: $200,000
  • Trial: $180,000
  • Total attorney’s fees: $920,000

These costs are paid regardless of whether you win or lose your case.

Melmed Law Group eliminates this financial burden. The lawyers at Melmed Law Group take on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.

The Hidden Costs of Hourly Billing

Beyond the direct hourly fees, hourly billing creates additional financial burdens:

Billing for Every Activity

With hourly billing, you pay for every activity related to your case:

  • Email correspondence: 0.2 hours ($100–$200 per email)
  • Phone calls: 0.3–0.5 hours ($150–$500 per call)
  • Internal strategy meetings: 2–4 hours ($1,000–$4,000 per meeting)
  • Document review: Hundreds of hours at $500–$700 per hour
  • Legal research: Charged even when researching basic issues
  • Travel time: Billed at full hourly rates
  • Case management and administration: Often billed at attorney rates

These activities are necessary for litigation, but with hourly billing, you pay for all of them whether they’re productive or not.

The Inefficiency Problem

Hourly billing creates no financial incentive for efficiency. In fact, the economic structure rewards spending more time, not less:

  • Attorneys may research issues exhaustively rather than efficiently
  • Junior attorneys learning on your case bill for their learning curve
  • Tasks that could be delegated to paralegals may be performed by expensive senior attorneys
  • Settlement negotiations may proceed slowly with no urgency
  • Discovery can expand beyond what’s necessary for case resolution

None of this is necessarily intentional, but the billing structure doesn’t discourage it.

Cash Flow Impact on Your Business

Paying $30,000 to $100,000 per month in legal fees creates severe cash flow problems:

  • Capital is diverted from business operations
  • Credit lines may be tapped to fund legal fees
  • Business growth initiatives are delayed or cancelled
  • Employee salaries and vendor payments may be strained
  • Investment opportunities must be passed up

The financial stress of ongoing legal bills can threaten business viability even before the case concludes.

The Risk of Paying More Than You Recover

Perhaps the most troubling aspect of hourly billing: you can easily spend more in legal fees than you ultimately recover. Consider:

  • Case with $400,000 in damages
  • Legal fees of $550,000
  • Settlement or judgment of $300,000
  • Net result: You lost $250,000 by pursuing your case

This perverse outcome occurs regularly with hourly billing. You had a valid claim, you may have even “won” in court, but you lost financially because legal fees exceeded recovery.

This cannot happen with Melmed Law Group’s contingency model. The lawyers at Melmed Law Group take on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. The firm’s fee comes from the recovery, so you always net a positive result.

How Contingency Representation Changes the Economics

No Upfront Costs

With contingency representation at Melmed Law Group, you pay no upfront retainer and no initial fees. You can begin pursuing your legal rights immediately without depleting business capital.

The lawyers at Melmed Law Group invest their time and resources with no guarantee of payment, taking on the financial risk of the representation.

No Monthly Bills

Throughout your case, you receive no monthly bills for attorney’s fees. There’s no ongoing cash flow drain, no scrambling to pay legal bills, and no diversion of business resources to fund litigation.

Your business capital remains available for operations, payroll, growth, and other business needs.

Fee Only from Recovery

The lawyers at Melmed Law Group are paid only if they recover money for you. The fee is calculated as a percentage of the recovery and comes directly from the settlement or judgment proceeds.

Melmed Law Group takes on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.

Guaranteed Positive Net Result

With contingency representation, you always receive a net positive result:

  • Recovery of $500,000 with 40% contingency fee = You receive $300,000
  • Recovery of $1,000,000 with 35% contingency fee = You receive $650,000

You never face the situation where legal fees exceed recovery. The contingency model ensures that pursuing your case makes financial sense.

Predictable Cost Structure

You know from the beginning exactly what percentage of any recovery will constitute the firm’s fee. There are no surprises, no escalating hourly rates, and no unexpected bills for additional work.

This predictability allows for clear financial planning and decision-making.

Cost Comparison: Hourly vs. Contingency

Let’s compare the same case under both fee structures:

Breach of Contract Case: $800,000 in Damages

Hourly Billing Scenario:

  • Upfront retainer: $60,000
  • Litigation costs over 18 months: $420,000
  • Trial and resolution costs: $180,000
  • Total attorney’s fees paid: $660,000
  • Settlement recovered: $650,000
  • Net to client: -$10,000 (you lost money)

Contingency Fee Scenario (35% contingency):

  • Upfront retainer: $0
  • Monthly legal bills: $0
  • Total attorney’s fees unless recovery: $0
  • Settlement recovered: $650,000
  • Contingency fee (35%): $227,500
  • Net to client: $422,500 (positive result)

The difference is stark. With hourly billing, you would have lost money by pursuing your valid claim. With contingency representation, you recovered over $400,000.

This is why Melmed Law Group takes on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.

The Alignment of Interests Problem

Hourly Billing: Misaligned Incentives

With hourly billing, the attorney’s financial interest and your interest are not aligned:

You want:

  • Efficient resolution
  • Controlled costs
  • Maximum net recovery (recovery minus fees)
  • Quick settlement when offers are adequate

The hourly attorney’s financial interest:

  • More hours = more revenue
  • Prolonged litigation = more billing opportunities
  • Extensive discovery = more billable time
  • Going to trial = maximum fee generation

This doesn’t mean hourly attorneys are unethical, but the economic structure doesn’t encourage efficiency.

Contingency: Perfectly Aligned Interests

With contingency representation, your interests and the attorney’s interests are identical:

You both want:

  • Maximum recovery
  • Efficient resolution
  • Strategic case management
  • Appropriate settlement when offers are fair
  • Trial only when necessary for adequate recovery

The lawyers at Melmed Law Group make more money when you make more money. The firm makes money faster when your case resolves efficiently. The firm’s success depends entirely on your success.

This alignment exists because Melmed Law Group takes on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you.

When Does Contingency Representation Make the Most Sense?

Contingency representation at Melmed Law Group is particularly advantageous when:

Substantial Damages Are at Stake – Cases involving significant financial harm justify contingency representation because the potential recovery supports both client compensation and attorney fees.

Hourly Fees Would Be Prohibitive – When hourly fees would cost $200,000, $500,000, or more, contingency representation removes the financial barrier to pursuing valid claims.

Cash Flow Constraints Exist – Businesses that cannot afford to pay $30,000–$100,000 per month in legal bills can still pursue their rights with contingency representation.

Risk Avoidance Is Important – When you cannot afford the risk of paying substantial legal fees without guaranteed recovery, contingency representation eliminates that risk.

Strong Cases on the Merits – Cases with clear liability, solid evidence, and defendants who can pay judgments are ideal for contingency representation.

Alignment of Interests Is Desired – When you want your attorney’s financial interests completely aligned with yours, contingency representation provides that alignment.

The True Cost of Not Pursuing Valid Claims

One often-overlooked cost is the financial loss that occurs when valid claims go unpursued because hourly fees are unaffordable:

  • Fraud losses that are never recovered
  • Breached contracts where you absorb the damages
  • Stolen business opportunities that go uncompensated
  • Partnership misconduct that benefits the wrongdoer
  • Shareholder oppression that continues unchecked

When hourly billing makes litigation financially impossible, wrongdoers face no consequences and you absorb losses that should be compensated.

Melmed Law Group’s contingency model solves this problem. The lawyers at Melmed Law Group take on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.

This structure allows you to pursue valid claims that would otherwise be economically infeasible.

Making the Right Choice for Your Business

When evaluating how to pursue business litigation, consider:

  • Can you afford $50,000–$250,000 upfront for a retainer?
  • Can your business sustain $30,000–$100,000 monthly legal bills for 18–36 months?
  • Can you risk spending $500,000 in legal fees for uncertain outcomes?
  • What happens to your business if you pay these fees and lose the case?

For most businesses, the answers to these questions make contingency representation the clear choice.

Melmed Law Group takes on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.

This model provides:

  • Zero financial risk
  • No upfront costs
  • No ongoing monthly bills
  • Guaranteed positive net results
  • Complete alignment of interests
  • Access to experienced representation

Contact Melmed Law Group

If your business has been harmed by fraud, breach of contract, breach of fiduciary duty, or other wrongful conduct, the lawyers at Melmed Law Group offer a free initial consultation to evaluate your case.

Don’t let the fear of hourly legal fees prevent you from pursuing justice and compensation. With contingency representation, you can pursue your rights without financial risk.

Contact Melmed Law Group today. Remember: Melmed Law Group takes on business litigation cases on contingency, which means the firm’s compensation is tied directly to the results obtained for you. If Melmed Law Group recovers money through settlement or judgment, the firm receives a percentage of that recovery. If Melmed Law Group doesn’t recover anything, you owe nothing in attorney’s fees.