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How Much Does an Attorney Cost in Florida?
What does an attorney cost in Florida? See fees by practice area, from Florida Bar contingency caps and statutory probate fees to hourly rates in Miami and Tampa.
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How Much Does an Attorney Cost in Florida?
Florida is one of the few states where the price of certain legal work is partly written into the rules. The Florida Bar limits how much injury lawyers can take on contingency, and state law sets a presumed reasonable fee for probate attorneys based on the size of the estate. For most other work, rates are set by the market, and the market in Miami looks nothing like the market in Ocala.
So the honest answer to "what does a Florida lawyer cost" depends on two things: what kind of legal problem you have and where you live. This guide breaks the costs down by practice area, with approximate typical ranges, and explains the Florida-specific rules that shape each one.
Florida Legal Fees at a Glance
The table below gives rough ranges for common legal matters around the state. These are general estimates, not quotes, and your price will depend on the lawyer's experience, your county, and how complicated your situation turns out to be.
| Practice area | Common fee model | Approximate typical cost |
|---|---|---|
| Personal injury | Contingency | About 33 1/3% to 40% of recovery, per Florida Bar caps |
| Probate administration | Statutory schedule or hourly | Often around 3% of a mid-size estate for ordinary services |
| Uncontested divorce | Flat fee | Roughly $1,500 to $5,000 |
| Contested divorce | Hourly with retainer | $10,000 to $50,000 or more |
| Basic will package | Flat fee | Roughly $300 to $1,200 |
| Revocable trust plan | Flat fee | Roughly $1,500 to $4,000 |
| First-offense DUI | Flat fee by stage | Roughly $2,500 to $10,000 |
| Residential closing | Flat fee | Roughly $800 to $2,000 |
Hourly rates also vary by city. Experienced attorneys in Miami and Fort Lauderdale often charge $350 to $700 an hour, and senior partners at large firms can charge more. Tampa, Orlando, and Jacksonville tend to fall somewhere around $250 to $450, while Naples rates often land in between, around $300 to $550, since many clients there have complex estates and second homes.
Personal Injury: Contingency With a Cap
Florida injury lawyers almost always work on contingency. You pay nothing up front, and the lawyer takes a percentage of whatever you recover. If there is no recovery, you generally owe no attorney fee, though you should read how the agreement treats costs.
The Florida Bar's Rule 4-1.5 sets a schedule of maximum contingency fees in personal injury and wrongful death cases. The structure depends on how far the case goes. Roughly, the caps work like this:
- Up to 33 1/3% of the first $1 million if the case resolves before the defendant answers or the time to answer runs out.
- Up to 40% of the first $1 million if the case resolves after that point, through trial.
- Lower percentages apply to amounts above $1 million, and lower caps apply if the defendant admits liability early.
- An extra 5% may apply if an appeal is filed.
A lawyer can ask a court for approval to charge more in unusual cases, but the standard contract has to stay within the schedule. Florida also requires the lawyer to give you a Statement of Client's Rights, and you have a short window after signing, generally three business days, to cancel the contract without owing a fee.
Costs Are Separate From the Fee
Case costs include filing fees, medical records, depositions, and expert witnesses. In a case that goes to trial, experts alone can cost tens of thousands of dollars. Most lawyers front these costs and take them out of the settlement.
Ask whether the percentage is calculated before or after costs are paid back. On a $150,000 settlement with $15,000 in costs, that choice can change your share by thousands of dollars.
Probate: A Fee Set by Statute
Florida is unusual in how it handles probate attorney fees. Section 733.6171 of the Florida Statutes sets a schedule of fees that are presumed reasonable for "ordinary services" in a formal estate administration, based on the value of the estate.
The schedule starts with fixed amounts for small estates, such as $1,500 for an estate up to $40,000. For estates above $100,000, the presumed fee is $3,000 plus 3% of the value from $100,000 up to $1 million, with lower percentages on higher tiers. Under that formula, the ordinary-services fee on a $500,000 estate works out to about $15,000.
What the Schedule Does Not Cover
Estate value for this purpose generally includes probate assets and income earned during administration, and it typically leaves out protected homestead and exempt property. Many Florida estates pass largely outside probate through trusts, joint ownership, or beneficiary designations, which can lower the fee.
Extraordinary services are billed on top. Selling real estate, handling a will contest, resolving creditor disputes, or dealing with tax issues can all add fees.
The personal representative and the attorney can also agree in writing to a different fee arrangement, and many probate lawyers bill hourly instead. Ask which method your lawyer uses before you sign.
Family Law and Divorce
Divorce cost in Florida swings more than almost any other practice area. An uncontested divorce with no children and no real property may cost a few thousand dollars with a flat fee lawyer. A contested case in Miami-Dade or Broward involving custody, a business, or alimony can climb well past $50,000.
Most family lawyers bill hourly against a retainer, often somewhere between $3,500 and $15,000 to start. Florida courts can order one spouse to contribute to the other's attorney fees when there is a large gap in income, which can matter a lot if you are the lower-earning spouse.
Mediation is required in many Florida family cases before trial. Private mediators charge their own hourly rates, often split between the spouses, so include that in your budget.
Criminal Defense
Florida criminal defense lawyers usually charge flat fees, often in stages. A misdemeanor DUI in Orange or Hillsborough County might be priced through arraignment and plea, with a higher fee if the case goes to trial. Felony charges in circuit court cost considerably more.
Experience with a specific courthouse is worth paying for here. A lawyer who is in the Duval County courthouse in Jacksonville every week will know the prosecutors and local diversion options. Anyone who cannot afford a lawyer in a case that carries possible jail time can ask the court to appoint the public defender.
Workers' Compensation
Workers' comp is another area where Florida law shapes the fee. Attorney fees in these claims are generally set by a statutory formula based on the benefits the lawyer secures for you, and a judge of compensation claims has to approve them. The formula starts at a percentage of the first few thousand dollars in benefits and steps down from there.
In some situations, the employer or insurance carrier can be ordered to pay the injured worker's attorney fees. That usually applies when the carrier denied benefits it should have paid and the lawyer had to fight to get them.
Because of these rules, most injured workers in Tampa, Orlando, or Fort Myers pay nothing up front. Ask any lawyer you meet how their fee will be calculated and approved in your specific claim.
Estate Planning and Real Estate
Wills and trusts are one of the most predictable legal expenses in Florida. Most estate planning lawyers quote flat fees, with a basic will package costing a few hundred dollars and a full revocable trust plan running a few thousand. Naples and Palm Beach attorneys who handle larger estates tend to charge more, especially for plans involving multiple properties or out-of-state assets.
Florida does not require an attorney at a residential closing, and many sales close through title companies. Buyers and sellers who hire a lawyer for contract review or closing often pay a flat fee, with more for complicated deals such as condo purchases with association issues.
Finding the Right Price and the Right Lawyer
The Florida Bar offers a Lawyer Referral Service that can connect you with an attorney for a reduced-fee first consultation. Legal aid organizations across the state help low-income residents with civil matters like housing, family law, and consumer debt.
When you compare quotes, ask each lawyer for a written fee agreement and an estimate of total cost, not just an hourly rate. You can also compare Florida attorneys by practice area in our directory to find lawyers in your city.
Frequently Asked Questions
What percentage do personal injury lawyers take in Florida?
Most take about 33 1/3% if the case settles early and up to 40% after the defendant files an answer, under The Florida Bar's contingency fee schedule. Lower caps apply to recoveries above $1 million.
How are probate attorney fees calculated in Florida?
Florida law sets a presumed reasonable fee for ordinary services based on estate value. On a $300,000 estate, for example, that works out to around $9,000, with extra fees possible for work like selling a house.
Can I negotiate a lawyer's fee in Florida?
Yes. Hourly rates, flat fees, and even contingency percentages below the caps are open to negotiation, so ask before you sign.
Are free consultations common in Florida?
They are common for injury and criminal cases. Family law and estate planning lawyers are more likely to charge for a first meeting, often $100 to $300.
For more guides on hiring professionals in the Sunshine State, browse our latest articles on the blog. This article is general information and not legal advice.