Legal Fees and Litigation Costs: What Clients Should Expect.

February 5, 2026
Christine A. Ferraris

Legal fees and litigation costs are often one of the biggest concerns for clients considering or already involved in a lawsuit. Understanding what expenses to expect, how legal costs are structured, and whether those costs may be recovered can help clients plan financially and avoid unnecessary stress during the legal process.

      1. What Costs Can You Expect in a Lawsuit?

Most civil lawsuits have two broad types of costs you should plan for: 

Attorney’s Fees 

These are the amounts you pay your attorney for legal services such as drafting pleadings, negotiating with the other side, conducting discovery, preparing for trial, and appearing in court. Attorney fees are often the largest portion of a case’s cost. Attorney Fees included law clerk, paralegal, and legal assistant fees. 

  • In many jurisdictions, these fees are charged hourly (e.g., each hour of work at a set rate), may require a retainer, and sometimes clients agree to contingency arrangements where the attorney earns a percentage of the recovery. 
  • Federal Rule of Civil Procedure 54 generally applies in U.S. federal courts: each party pays their own attorney’s fees unless a statute or contract allows fee shifting.  

Court and Litigation Costs 

These are the non-attorney fees necessary to pursue litigation. In U.S. federal court, the Federal Rules of Civil Procedure and federal statute define costs that a winning party may request from the losing party: 

  • Filing fees to start a case 
  • Fees for serving the opposing party 
  • Fees for depositions and transcripts 
  • Costs for printing exhibits or other necessary documents 

Other Potential Expenses 

Depending on how complex the case is, you may encounter: 

  • Expert witness fees (e.g., economists, medical professionals) 
  • Discovery costs (copying, electronic data management) 
  • Travel expenses for attorney and client appearances 
  • Settlement negotiations or alternative dispute resolution costs
    These vary widely by case. 

Tip for budgeting: Because attorney fees alone often represent the majority of litigation costs, it’s prudent to set aside a monthly legal savings amount based on your attorney’s projected hours and rate. 

  1. Are Fees Paid to the Law Firm Counted in the Final Award?

Generally, in the United States: 

  • Attorney’s fees you pay are not automatically added back to you as damages simply because you win. The “American rule” means each side bears its own fees unless there is a statute or contractual provision that specifically allows recovery.  

Statutory Fee-Shifting 

Certain types of state and federal cases—particularly consumer protection and civil enforcement matters—allow the prevailing party to recover reasonable attorney’s fees from the opposing side. These laws are intentionally designed to make it possible for individuals to enforce their rights even when the cost of litigation would otherwise be prohibitive. 

In many of the cases our firm handles, fee-shifting statutes play a critical role by requiring the party that violated the law to pay the consumer’s reasonable attorney’s fees and allowable litigation costs if the consumer prevails. 

Common examples include: 

  • Civil rights claims under federal law, including the Civil Rights Attorney’s Fees Award Act of 1976, codified at 42 U.S.C. § 1988, which allows courts to award reasonable attorney’s fees to prevailing plaintiffs in certain civil rights and enforcement actions. 
  • Federal consumer protection statutes, including laws governing unfair or deceptive acts or practices, where Congress has expressly authorized attorney’s fee awards to prevailing consumers. 
  • State consumer protection laws, such as Arizona’s Consumer Fraud Act, may permit courts to award attorneys’ fees and costs to successful plaintiffs in cases involving deceptive, unfair, or unlawful business practices. 
  • Federal consumer warranty enforcement claims, such as those under the Magnuson-Moss Warranty Act and related federal provisions like the FTC Holder Rule, which explain how consumers may enforce warranty rights and preserve claims and defenses against holders of consumer credit contracts, are useful information for clients enforcing warranty-related claims 

When a fee-shifting statute applies, your attorney may request that the court award reasonable attorney’s fees and recoverable costs as part of the final judgment or through a post-judgment motion. Any such award is subject to statutory requirements and court approval. 

The information provided does not, and is not intended to, constitute legal advice; all information is for general informational purposes only. This information may not constitute the most up-to-date information. The links provided are only for the convenience of the reader. A. Ferraris Law, PLLC, and its members do not endorse the contents of third-party references.

Copyright©2026, A. Ferraris Law, PLLC. All Rights Reserved.

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