Reviewed by Michael Waddington, former Army JAG prosecutor, Trial Defense Counsel and Senior Defense Counsel, Gonzalez & Waddington. Last reviewed: November 2026.
Short answer: Civilian military defense lawyers usually charge either a flat fee for a defined stage of the case or an hourly rate billed against a retainer. A flat fee tells you the cost up front; an hourly fee can be lower for a short case and much higher for a long one. Either way, you should get in writing what the fee covers, what it does not cover, and what happens to unearned money if the case ends early.
Gonzalez & Waddington quotes a flat fee after we review your case. For typical ranges by type of case, see Court-Martial Lawyer Cost.
How a flat fee works
A flat fee is one set price for a defined piece of work, such as responding to a GOMOR, representing you at an administrative separation board, or defending a court-martial through trial. You pay the same amount whether the work takes more hours or fewer.
- What you gain: you know the cost before you commit, and you don’t hesitate to call your lawyer because the meter is running.
- What to check: exactly which stages are included. A court-martial flat fee might or might not include the preliminary hearing, motions, trial, sentencing and post-trial matters.
In Florida, a flat fee may be called nonrefundable, but any nonrefundable part must be confirmed in writing (Rule 4-1.5(e)), and no fee may be clearly excessive (Rule 4-1.5(a)).
How an hourly fee works
With an hourly fee, you usually pay a retainer up front, and the lawyer bills time against it at an agreed rate. When the retainer runs low, you are asked to add more.
- What you gain: if the case ends early, for example charges are dropped after the lawyer’s first submissions, you may pay less than a flat fee.
- What to check: the hourly rate of every person who will bill time, the minimum billing increment, how travel time is billed, and how often you will get an itemized bill.
Florida requires the lawyer to communicate the basis or rate of the fee to a new client (Rule 4-1.5(e)(1)), and the comment to the rule says a lawyer who takes an advance payment must return any unearned portion unless the agreement made it nonrefundable.
Flat fee vs. hourly at a glance
| Flat fee | Hourly | |
|---|---|---|
| Know the total up front | Yes | No, it depends on hours worked |
| Cost if the case ends early | Depends on the agreement | Usually lower |
| Cost if the case goes to a long trial | Same, if trial is included | Usually higher |
| Calls and emails with your lawyer | Included | Billed |
| What to get in writing | Stages included and excluded | Rates, increments, billing schedule |
What makes a military defense case cost more or less
Whatever the billing method, these factors drive the price:
- The type of action. A GOMOR rebuttal or Article 15 is usually far less work than a contested general court-martial.
- The stage. Representation during an investigation, at an Article 32 preliminary hearing, and at trial are different amounts of work.
- The charges. Cases with forensic, digital or medical evidence need more preparation and often expert witnesses.
- Travel. Cases at distant or overseas installations require travel for hearings and trial.
- The number of witnesses to interview and cross-examine.
Costs that are often separate from the lawyer’s fee
- Travel expenses such as airfare and lodging, unless the agreement includes them.
- Private experts and investigators. The defense may also ask the government to fund expert assistance; ask your lawyer whether that will be requested in your case.
- Transcripts and records in some post-trial or appeal matters.
Fees that are not allowed
A lawyer may not charge a fee that depends on the outcome of a criminal case, such as a bonus for an acquittal. Contingent fees for defending a criminal case are prohibited under Florida Rule 4-1.5(f)(3)(B) and ABA Model Rule 1.5(d)(2). A court-martial is a criminal case. See Red Flags When Hiring a Court-Martial Lawyer.
How Gonzalez & Waddington charges
We quote a flat fee after we review your paperwork and your situation, so the fee reflects your actual case. We discuss the fee and payment by phone, we accept credit cards, and some clients use LawPay financing. See How to Pay for a Civilian Military Defense Lawyer.
Michael Waddington served in the Army JAG Corps as a prosecutor, Trial Defense Counsel and Senior Defense Counsel, and has over 25 years as a lawyer. He and Alexandra González-Waddington have represented service members stationed in more than 20 countries.
Frequently asked questions
Is a flat fee always cheaper than hourly?
No. A flat fee is more predictable, not necessarily cheaper. If a case resolves quickly, hourly billing can cost less. If a case goes to a long trial, hourly billing usually costs more.
Can a flat fee be nonrefundable?
In Florida, yes, if the nonrefundable terms are confirmed in writing (Rule 4-1.5(e)), and the fee may not be clearly excessive (Rule 4-1.5(a)). Read the agreement before you sign and ask what happens if your case is dropped early.
Do I pay for my JAG defense counsel?
No. Detailed military defense counsel is provided at no cost to you under Articles 27 and 38, UCMJ (10 U.S.C. § 838(b)). A civilian lawyer is someone you hire in addition, and your detailed counsel normally stays on as associate counsel (§ 838(b)(4)).
Why won’t some lawyers quote a price over the phone before seeing my paperwork?
Because the same charge can mean very different amounts of work depending on the evidence, the stage and the location. A quote made before reviewing the case is a guess.
Can my family pay my legal fees?
Yes. Family members often pay. The lawyer’s duty is still to you as the client. See Can My Family Hire a Civilian Military Lawyer for Me?
Talk to us about your case
Contact Gonzalez & Waddington for a consultation and a flat-fee quote after we review your case.
Sources
- Rules Regulating The Florida Bar, Rule 4-1.5 (Fees and Costs for Legal Services)
- 10 U.S.C. § 838 (Article 38, UCMJ)
This page is attorney advertising and general information, not legal advice. Contacting Gonzalez & Waddington does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Recent Blogs
- GOMOR vs. Article 15 vs. Court-Martial: Which Is Worse for Your Career?November 2, 2026
- Flat Fee or Hourly? How Civilian Military Defense Lawyers ChargeNovember 2, 2026
- Questions to Ask a Military Defense Lawyer Before You HireNovember 2, 2026
- Red Flags When Hiring a Court-Martial Lawyer (2026 Checklist)November 2, 2026
- Stationed Overseas: Should You Hire a Stateside or Local Military Defense Lawyer?October 29, 2026
- Can a Lawyer Get My GOMOR Filed Locally?October 29, 2026