Attorney fee calculations in New York

Quick takeaways

• DocketMath’s Attorney fee calculator helps you estimate two fee models in New York:

  • A reasonable-fee style estimate based on N.Y. Rules of Prof. Conduct 1.5 (Fees for Legal Services).
  • A tiered medical-malpractice contingency maximum estimate based on N.Y. Jud. Law § 474-a.
• For the medical-malpractice contingency scenario, the calculation is driven by the tiered schedule and the calculator’s verified percentage + threshold inputs from N.Y. Jud. Law § 474-a(2) (as reflected in DocketMath).
• Results can change in steps as the recovery amount crosses tier thresholds, so it’s worth testing a couple nearby recovery amounts.
• This guide is for calculation education, not legal advice. Your attorney may consider case-specific factors not captured by a calculator.

Tool: /tools/attorney-fee

Inputs you need

Before you run DocketMath’s attorney-fee tool, gather inputs that map to the New York fee model you want to estimate.

A. Fee structure selection (choose one)

• Hourly / lodestar-style estimate (reasonable-fee framing) using N.Y. Rules of Prof. Conduct 1.5
• Contingency fee estimate for medical-malpractice using N.Y. Jud. Law § 474-a

DocketMath will calculate differently depending on which option you select.

B. Shared “math” inputs

• Estimated case value / recovery amount (the amount to apply to the selected fee model)
• Any known fee agreement terms you want to reflect in the estimate (if your agreement provides them)

C. If using medical-malpractice contingency: tiered cap inputs

For medical-malpractice contingency arrangements, DocketMath uses the verified tier schedule values tied to N.Y. Jud. Law § 474-a(2). Enter your estimated recovery amount, and DocketMath will compute a maximum contingency fee estimate using the following tier inputs:

These thresholds (“up to amount”) and percentages are the key drivers of the maximum contingency fee output in this mode.

D. If using hourly / reasonable-fee inputs (Rule 1.5)

When estimating under N.Y. Rules of Prof. Conduct 1.5, inputs you may provide include:

• Estimated hours (or a reasonable range)
• Estimated hourly rate (or a blended rate)
• Any other values you have that help model the reasonableness factors you want the estimate to reflect

DocketMath can’t replace professional judgment, but it can make the arithmetic transparent—especially if you adjust hours and rates to see how totals respond.

How the calculation works

DocketMath’s workflow is model-first: you choose the fee framework, then DocketMath applies the corresponding math.

1) Hourly / reasonable-fee style estimates (N.Y. Rules of Prof. Conduct 1.5)

In this mode, the calculator’s core computation follows the structure:

• Total fee estimate ≈ hours × rate (using your inputs, including blended rates if you provide them)

How outputs change when inputs change:

• If you increase hours, the estimated total increases proportionally.
• If you increase rate, the estimated total increases proportionally.
• If you switch between different hour/rate assumptions, the total updates accordingly.

Practical use cases for this mode:

• You can test: “If we add or remove billable hours, what happens to the total?”
• You can test: “If staffing changes reduce the effective rate, how does that affect the estimate?”

2) Medical-malpractice contingency fee estimates (N.Y. Jud. Law § 474-a)

In this mode, DocketMath uses the tiered schedule values (from N.Y. Jud. Law § 474-a(2) as reflected in the verified inputs) and computes an estimated maximum contingency fee using your estimated recovery amount.

At a high level, the maximum contingency fee is computed by applying each tier’s maximum percentage to the corresponding tier segment defined by the up-to amount thresholds, then summing the results.

Why recovery amount sensitivity matters:

• Because the schedule uses up-to thresholds paired with different maximum percentages, moving to a recovery amount that lands in a different tier range can change the maximum fee in steps, not just smoothly.

Warning (practical): Don’t assume the contingency maximum is a single flat percentage of the entire recovery. The calculator models the tiered structure.

3) Don’t mix models in one run

To keep outputs meaningful:

• Pick one fee model per DocketMath run.
• If you want to compare frameworks, run them as separate scenarios (e.g., one “hourly/Rule 1.5” run and one “medical-malpractice contingency” run) using the same recovery amount (if applicable).

For context on fee-related concepts beyond this specific contingency schedule, New York also recognizes mechanisms like an attorney lien under N.Y. Jud. Law § 475—but that is not the same calculation as the medical-malpractice contingency tier modeled under N.Y. Jud. Law § 474-a.

Common pitfalls

1) Using the wrong fee model for the scenario

• Pitfall: running an hourly estimate when your scenario is governed by a medical-malpractice contingency arrangement.
• Fix: if your scenario fits the contingency context modeled under N.Y. Jud. Law § 474-a, use that mode so the tiered schedule drives the estimate.

2) Expecting smooth changes across tier boundaries

• Pitfall: changing recovery amount slightly and expecting the maximum fee to move proportionally.
• Fix: in § 474-a mode, test recovery amounts near the tier thresholds to see how the output shifts.

3) Over-relying on the “maximum” figure

• Pitfall: treating the output as a guarantee of what will be awarded or collected.
• Fix: understand the calculator output as an estimate of the statutory maximum under the modeled framework (not a prediction of the contract terms or outcome).

4) Confusing “reasonable fee” concepts with “tiered maximum” concepts

• N.Y. Rules of Prof. Conduct 1.5 is used for reasonable-fee estimation inputs in the calculator’s hourly mode.
• N.Y. Jud. Law § 474-a is used for the medical-malpractice contingency tiered maximum calculation in contingency mode.
• Fix: keep the mode consistent with the fee structure you’re trying to estimate.

Sources and references

Primary authorities used in this guide:

• N.Y. Rules of Prof. Conduct 1.5 (Fees for Legal Services)
• N.Y. Jud. Law § 474-a (medical-malpractice contingency tier)

Primary source URL:

• https://www.nysenate.gov/legislation/laws/JUD/474-A

Next steps

1. Open /tools/attorney-fee.
2. Choose the model that matches your scenario:

   • Hourly / Rule 1.5 model, or
   • Medical-malpractice contingency model under N.Y. Jud. Law § 474-a.
3. Enter your inputs:

   • Recovery amount for the contingency mode, and/or
   • hours and rate for the hourly mode.
4. Run at least two scenarios:

   • one at your current recovery estimate, and
   • one slightly above or below a nearby tier threshold (for contingency scenarios).
5. Record the input assumptions so the estimate is reproducible for discussion.

Related reading

• Attorney fee calculations in United States (Federal) — Full how-to guide with jurisdiction-specific rules
• Why attorney fee calculations results differ in United States (Federal) — Troubleshooting when results differ
• Attorney fee calculations reference snapshot for United States (Federal) — Rule summary with authoritative citations