Short answer: get the fee in writing, check whether you qualify for free civil legal aid, and ask the court about a fee waiver before you borrow. This is general information, not legal advice.
Get the fee agreement in writing
The American Bar Association's Model Rules of Professional Conduct are a model: each state adopts its own rules for lawyers, so ask the lawyer which rules apply to you. Model Rule 1.5 says (ABA Rule 1.5):
- “A lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.”
- “The scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation”.
- A contingent fee agreement “shall be in a writing signed by the client” and must state the method for the fee, including the percentage for settlement, trial or appeal, and which expenses come out of the recovery.
- The model rule bars a contingent fee in a domestic relations matter that depends on securing a divorce or on the amount of alimony, support or a property settlement, and a contingent fee for representing a defendant in a criminal case.
Fee types to ask about
| Fee type | What to ask |
|---|---|
| Hourly | The rate for each person who works on your case, the billing increment, and whether you get itemized bills. |
| Flat fee | Exactly which tasks it covers, and what is billed on top. |
| Contingent fee | The percentage at each stage, and whether expenses come out before or after the fee is calculated. |
| Retainer or deposit | How it is applied to bills, and whether any unused part is returned. |
Ask too about expenses that are not the lawyer's fee, such as court filing fees and copies, and who pays them if you lose.
Free civil legal aid
- The Legal Services Corporation funds civil legal aid for low-income Americans. Its Get Legal Help page lets you enter an address or city to find an LSC-funded legal aid organization near you, and points to LawHelp.org for information and free legal forms.
- Under federal rules, the annual income ceilings set by LSC-funded programs may not exceed 125% of the federal poverty guidelines (45 CFR 1611.3(c)), with limited exceptions, for example for someone seeking help to keep benefits from a government program for low-income people (45 CFR 1611.5).
- Legal aid covers civil matters. In a criminal case, ask the court whether you can have a lawyer appointed.
Lawyer referral services
Ask your local or state bar association whether it runs a lawyer referral service, what the first consultation costs, and how it checks the lawyers it refers.
Ask the court about a fee waiver
If you cannot afford court filing fees, ask the court clerk whether you can apply to file without prepaying them. In federal district court, one form for this is the Application to Proceed in District Court Without Prepaying Fees or Costs, AO 240 (U.S. Courts). Other courts have their own forms and rules.
If you still need to borrow
This example is only for the math, not an average legal fee. It borrows $3,000 over 24 months at the Federal Reserve's August 2026 averages: 11.90% APR for 24-month personal loans and 22.36% for credit card plans (G.19). Your rate depends on your credit and the lender.
| Option | Monthly payment | Interest | Total paid |
|---|---|---|---|
| Personal loan at 11.90% | $141.08 | $385.92 | $3,385.92 |
| Credit card at 22.36% | $156.17 | $748.08 | $3,748.08 |
$141.08 x 24 = $3,385.92, and $156.17 x 24 = $3,748.08. Ask the lawyer whether they offer a payment plan first. For a divorce, see personal loan for divorce costs, and before you add a payment, see how to budget for a loan payment.
Checklist before you borrow
- Get the fee, the scope and the expenses in writing.
- Check whether you qualify for civil legal aid.
- Ask your bar association about a lawyer referral service.
- Ask the court clerk about a fee waiver.
- Ask the lawyer about a payment plan.
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Sources
- American Bar Association: Model Rules of Professional Conduct, Rule 1.5: Fees
- Legal Services Corporation: Get Legal Help
- 45 CFR 1611.3: Financial eligibility policies (Legal Services Corporation)
- 45 CFR 1611.5: Authorized exceptions to the annual income ceiling
- U.S. Courts: Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form), AO 240
- Federal Reserve: G.19 Consumer Credit (released October 7, 2026), terms of credit, August 2026: credit card plans and 24-month personal loans
Disclosure: Modern Lending Solutions is not a lender, loan broker or agent for any lender or loan broker, and does not make credit decisions. Any compensation we receive is paid by participating lenders, only for advertising services. This guide is general information, not financial or legal advice.