Traditional Hourly Rate Litigation Many clients prefer to retain counsel by paying the attorneys the traditional way, namely, an hourly rate for time spent on the project. Indeed, many engagements are not appropriate for contingency fee arrangements for a variety of reasons. Businesses that need advice structuring transactions, defendants who have been sued but not served with a specific demand, and parties to injunctive litigation, typically are faced with circumstances where it is difficult to structure a contingency fee arrangement.