What Are the Likely Costs of Litigation and How Do Lawyers Bill for It?

If you’re facing a lawsuit—or thinking about filing one—there’s a question that comes up right after “How long will this take?” It’s “How much is this going to cost me?” The short answer: litigation isn’t cheap. But if you understand the moving parts, you can make better decisions about budgeting, strategy, and fee arrangements from day one.

At Smith Campbell, our attorneys bill between $375 and $500 per hour, depending on the nature of the case, the lawyer’s experience, and the complexity of the dispute. Business and commercial matters, construction disputes, and high‑stakes litigation typically require more time, deeper preparation, and often specialized industry knowledge.

On top of attorney’s fees, there are court costs—things like filing fees, service of process, and subpoenas. Filing a complaint in Florida circuit court runs about $400. Alone, that’s not much compared to attorney’s fees, but every motion you file and every witness you subpoena adds to the total.

Then there’s discovery. This is the part of the case where both sides dig into the facts, and it’s where costs can start stacking fast. Document production, deposition transcripts, and e‑discovery software all add up. A single deposition can run anywhere from $2,500 to $15,000, or more, especially if it’s videotaped or requires a court reporter for a full day.

In some cases, you’ll also need expert witnesses—engineers, accountants, industry specialists—who can explain technical issues to a judge or jury. The good ones don’t come cheap, often charging $300 to $800 an hour, and complex cases can easily rack up tens of thousands in expert fees alone.

Trial itself is another cost spike. As you get closer to the courtroom, attorney hours increase significantly because of the preparation required—organizing exhibits, drafting witness outlines, preparing cross‑examinations, and working with trial technology. Even a short trial can be an intense (and expensive) sprint in the weeks before it starts.

It’s also important to understand the American Rule for attorneys’ fees: in most cases, each party pays its own legal fees, win or lose. You generally cannot recover your attorneys’ fees from the other side unless your contract specifically allows for it or there’s a statute that applies to your type of case. This means that even if you win, you could still be responsible for paying all your own legal costs.

As for how lawyers bill, there are three main arrangements. Hourly billing is the most common in commercial and business disputes—you pay for the actual time your lawyer spends on your case, plus costs. Most matters require a retainer up front that gets replenished as the case goes on.

Contingency fees—where the lawyer takes a percentage of any recovery—are less common in commercial litigation but still possible in certain cases, especially where damages are purely monetary and the risk/reward balance makes sense for both sides. You usually still cover costs like experts and depositions as the case proceeds.

Hybrid arrangements mix a reduced hourly rate with a smaller contingency percentage. This structure shares the risk between client and attorney and can be a good fit when there’s a strong case but both sides want skin in the game.

The bottom line: litigation costs can be substantial, and they can escalate quickly. The earlier you have a frank conversation with your attorney about budget, strategy, and billing, the better you can control both your expenses and your expectations.

At Smith Campbell, we walk clients through the financial side of litigation from the start—so there are no surprises when the invoices come in and no blind spots when making strategic decisions.

For more information, contact litigation attorney Daniel J. Kersey at danielk@smithcampbellpa.com or 352.787.1241.

Daniel J. Kersey, Esq., Litigation