Contingency billing eliminates financial risk for IEEPA tariff refund cases. You pay $0 upfront and $0 if there's no recovery. Hourly billing can cost $200,000+ in legal fees over a multi-year case, with no guarantee of outcome. For most importers, contingency is the clear choice.
The Core Difference
The fee structure you choose determines two things: how much risk you carry during the case, and how much of your recovery you keep at the end.
| Hourly Billing | Contingency | |
|---|---|---|
| Upfront cost | $10,000–$50,000 retainer | $0 |
| Ongoing cost | $1,000–$1,500/hour | $0 |
| If you lose | You pay all fees incurred | You pay $0 |
| If you win | Recovery minus all fees paid | Keep 72–97% of recovery |
| Financial risk | 100% on you | 0% on you |
Real Numbers: A $2 Million Claim
Let's compare what you'd actually pay on a $2 million IEEPA refund claim under each model, assuming a 3-year litigation timeline.
Hourly Billing
- Initial retainer$25,000
- Monthly avg fees$8,000–$15,000
- 36 months total$313,000–$565,000
Contingency
- Initial cost$0
- Monthly cost$0
- 36 months total$0
Why This Matters for IEEPA Cases
Tariff Refund Solutions, for example, works on a sliding-scale contingency basis where clients keep 72% to 97% of their recovery.
Extended Timeline
The administration has predicted 2-5 years of appeals. That's 2-5 years of hourly invoices if you go that route. Contingency means no cash outflow during that entire period.
Outcome Uncertainty
While the Supreme Court ruled the tariffs unlawful, the refund mechanism is still being litigated. CBP is actively blocking administrative refunds. Contingency means you don't bear the risk of this uncertainty.
Cash Flow Preservation
Many businesses that paid IEEPA tariffs are already dealing with cash flow pressure from those costs. Adding hundreds of thousands in legal fees compounds the problem. Contingency keeps your capital available for operations.
When Hourly Might Make Sense
Hourly billing might be appropriate if you have a very small claim (under $50,000) that doesn't justify contingency percentages, if you're a large enterprise with predictable legal budgets and a preference for hourly relationships, or if your case has unique complications that make contingency firms unwilling to take it. For most mid-market importers with six- or seven-figure IEEPA exposure, contingency is the straightforward choice.
Our Contingency Structure
Tariff Refund Solutions uses a sliding-scale contingency fee that decreases as your claim size increases:
| Recovery Pathway | Fee Range |
|---|---|
| Administrative (PSC/Protest) | 3–9.5% |
| CIT Litigation | 17.5–28% |
| Blended (typical mix) | 3–28% (12.5% blended rate) |
On a $2 million claim with an estimated mix of administrative and litigated entries, the blended rate works out to roughly 12.5%, meaning you keep approximately $1.75 million.
Ready to Discuss Your Options?
Schedule a free consultation. We'll explain exactly how our fee structure would apply to your specific situation.
Get Free Consultation