If you’re facing discrimination in the workplace or in housing, hiring an attorney can help you fight back and seek justice. But one of the biggest concerns people have when seeking legal help is cost—how do discrimination lawyers get paid?
Discrimination attorneys use different fee structures, depending on the case and the client’s circumstances. Below, we break down the three main types of payment arrangements: contingency fees, hourly rates, and hybrid models.
1. Contingency Fee – No Upfront Cost, Lawyer Gets Paid Only If You Win
Most discrimination lawyers work on a contingency fee basis, meaning:
- You pay nothing upfront to hire the attorney.
- The lawyer only gets paid if they win your case or secure a settlement.
- Their fee is a percentage of the amount recovered, typically 30% to 40% of the final award.
Example: If your lawyer negotiates a $100,000 settlement and their fee is 35%, they would receive $35,000 from the settlement, and you would keep the remaining $65,000.
Pros:
- No upfront costs—ideal if you cannot afford to pay out-of-pocket.
- The lawyer is motivated to win and maximize your compensation.
Cons:
- If you win a large settlement, the percentage-based fee can be substantial.
- Not all cases qualify for contingency fees—lawyers usually take cases with strong evidence of discrimination and potential for significant damages.
2. Hourly Fee – Paying as You Go
Some discrimination lawyers charge an hourly rate, meaning you pay for the time they spend working on your case. Rates vary based on experience, location, and case complexity but typically range from $250 to $600 per hour.
Under this model, you may need to pay a retainer—an upfront deposit that the lawyer bills against as they work on your case.
Pros:
- You only pay for the lawyer’s actual time spent on your case.
- Best for cases where you need legal advice but don’t expect a lengthy legal battle.
Cons:
- High upfront costs—legal fees can quickly add up.
- If your case takes longer than expected, expenses may exceed what you can afford.
3. Hybrid Model – A Mix of Contingency and Hourly Fees
Some lawyers offer a hybrid payment structure, combining elements of both contingency and hourly models. This may include:
- A reduced hourly rate plus a lower contingency percentage if you win.
- A flat fee upfront for initial case work, with contingency fees applied if the case continues to trial.
Example: A lawyer may charge $100 per hour (instead of $400) plus 20% of any settlement or verdict.
Pros:
- More affordable upfront than full hourly billing.
- Lawyer still has incentive to win since part of their fee is based on success.
Cons:
- You still need to pay some legal fees even if you don’t win your case.
- Can be confusing—always clarify the terms before signing a fee agreement.
Who Pays the Attorney’s Fees If You Win?
In some cases, the employer or landlord may be required to pay your legal fees if you win your case. Many discrimination laws—such as the Illinois Human Rights Act and federal civil rights laws—allow fee-shifting, meaning the losing party may have to cover the winning side’s legal costs.
Choosing the Right Attorney for Your Case
When hiring a discrimination lawyer, always ask:
- What fee structure do you use?
- Will I owe anything if we don’t win?
- Are there additional costs, such as filing fees or expert witness fees?
At Justice Legal Counsel, we offer contingency, hourly, and hybrid options, depending on your case. If you’re facing workplace or housing discrimination, contact us today for a free consultation. We’ll review your case and discuss the best legal strategy—without upfront costs.