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What is a flat fee vs an hourly fee?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A flat fee is a set price for defined work. Hourly billing charges for time spent. Criminal defense usually uses the first.

Flat fee. A fixed amount for a defined scope. The advantage is predictability — you know the cost before you commit. The limitation is scope: a flat fee for pretrial representation doesn't cover trial.

Hourly. You're billed for time at a stated rate, usually against an advance deposit that's replenished. More common in complex or lengthy matters, and in civil work.

Which is better depends on the case. For most criminal matters, flat fees make sense and are standard. For a matter with genuinely unpredictable scope, hourly may be more honest than a flat fee priced for the worst case.

What to ask either way. What's included. What's excluded. Whether costs — filing fees, deposition transcripts, expert fees, investigators — are separate. Whether unearned amounts are refundable, and on what terms.

Personal injury is different and runs on contingency, covered below.

Ask what's excluded, not what's included. That's where the surprises live. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.