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Rent your cases or own your marketing: pay per signed case vs a flat fee

Last reviewed by the Probative editorial team · 8 minute read

In this guide · 11 sections
  1. How do the five ways to buy new clients work?
  2. Who owns what when you stop paying?
  3. How does the cost per case change as you grow?
  4. How do you work out your own cost per signed case?
  5. What do the bar rules say about paying per lead or per case?
  6. Can an ad say “pay nothing until we win”?
  7. What should you ask a vendor before you sign?
  8. Where should a firm that buys cases start?
  9. What this means for your firm
  10. Questions about this guide
  11. Sources

The short answer

When you pay a vendor per signed case or per lead, you rent clients: they stop coming the day you stop paying, and the ads, data and profile stay with the vendor. When you pay a flat fee and every account is in your name, you own the ads, pages and data that bring clients in. Pay-per-case deals also raise the most bar-rule questions.

How do the five ways to buy new clients work?

There are five common ways a law firm pays for new clients. A case vendor charges for each client who signs. A lead seller charges for each call or form. A directory charges for a listing. A flat-fee agency charges the same each month to run ads and SEO in your own accounts. Or you do it yourself.

The pay-per-case and pay-per-lead models stop the day you stop paying; only the flat-fee and do-it-yourself models leave you owning the work.
Way to buy new clients What you pay forWhose ads and accountsWhat you keep when you stopCost as you grow
Case vendor (pay per signed case) Each client who signs your fee agreementThe vendor'sThe clients already signed. No ads, pages, data or profileThe same price for every case, so the bill grows with every case
Lead seller (pay per lead or call) Each call, form or chat, signed or notThe vendor'sThe contact details you were sent. Nothing elseThe same price per lead. Junk leads cost the same as good ones unless the vendor credits them
Paid directory listing A spot on a list of lawyersThe directory'sNothing. The listing comes downUsually a fixed fee, with more for a better spot
Flat-fee agency The work: ads, SEO, tracking and reportsYours, in your nameEverything: profile, site, ad accounts and dataThe fee stays flat inside each ad-spend band, so it is spread over more cases as you grow
Do it yourself Your time, plus the adsYoursEverythingYour time grows with the work

“Case acquisition” is the name many case vendors use. They run their own ads, often on TV and social media, take the calls, screen the person and pass you a signed fee agreement. The ads, the phone numbers, the landing pages and the list of everyone who called stay with the vendor. Lead sellers may also sell the same person to several firms: see exclusive vs shared leads. For listings, see are paid lawyer directories worth it?

Who owns what when you stop paying?

With a vendor, you own only the clients already signed. Everything that found them belongs to the vendor: the ads, the pages, the phone numbers, the call recordings and the list of people who called but didn’t sign. With your own accounts, all of it stays with you and so does the history of what worked.

Check each item on this list, whoever you work with:

  • Your Google Business Profile. Google allows “only one primary owner” per profile, and owners, unlike managers, can add or remove users (Google). The primary owner should be you, not a vendor or agency.
  • Your website and domain. The domain should be registered in the firm’s name, on the firm’s card.
  • Your ad accounts. Google, Microsoft and Meta accounts in the firm’s name, paid by the firm, with you holding admin access. Their history (what worked, what didn’t) stays with the account.
  • Your calls and leads. Call recordings, forms and the list of people who didn’t sign yet. That list is often worth the most.
  • Your reviews. Reviews on your own profile stay with you. Reviews on a vendor’s site or directory don’t.

What “you own your marketing” should mean in a contract fits in one line: every account is in your name, on your payment method, you can remove the agency’s access any day, and the work you paid for is yours. That’s how Probative’s terms read. Our ownership checklist goes account by account, with the contract clauses.

How does the cost per case change as you grow?

A per-case price stays the same for every case, so your bill grows in step with your caseload. Signing twice as many cases costs twice as much. A flat fee stays the same inside each ad-spend band, so it is spread over more cases as you grow. Your own ad spend still rises when you want more cases.

That is the honest trade:

  • Pay per case costs nothing before a case signs. The risk sits with the vendor, and the vendor prices that risk into every case.
  • Your own ads cost money from the first month, before you know what they will sign. Nobody can promise how many cases they will bring.
  • Over time, your own accounts build history, reviews and pages that keep working. A vendor’s work never becomes yours.

We won’t guess what your numbers will be. The worksheet below lets you compare the two with your own figures.

How do you work out your own cost per signed case?

Use the same sum for every source: what you paid that source in a month, divided by the cases it signed. For a vendor, that is the vendor’s bill. For your own marketing, add the ad spend, the agency fee and the tools. Count signed cases from your own case list, never from the vendor’s report.

Worksheet · Fill in with your own numbers

Your cost per signed case, source by source

Fill one row per source each month; compare sources only on the same sum.
Line What to write downWhere to find it
A. Paid this month The vendor's bill, or your ad spend plus agency fee plus toolsInvoices and the ad platforms
B. Leads received Real calls, forms and chats about a new matterYour intake log
C. Signed cases Clients who signed your fee agreement, counted once eachYour case management system
D. Cost per signed case A divided by CYour own sum
E. Rejected or credited Leads you sent back, and any credit you got for themYour log, checked against the vendor's credits
F. What you keep if you stop Accounts, pages, data and reviews in your nameThe list in the section above

Two rules keep the sum honest. Wait for late signings before judging a month, because some cases sign weeks after the first call. And don’t judge a source on a handful of cases; pool a few months first. Our cost per signed case guide has the full method, and a printable copy of this worksheet is on our free templates page.

What do the bar rules say about paying per lead or per case?

The bar rules ban paying anyone for recommending you, but allow paying for ads. Bars generally treat a fixed price per lead as an ad cost. A price for each case you sign is where they split: some see pay for a referral, a few allow it with conditions. Check your own state first.

Georgia’s version of the rule, in force from March 1, 2026, is typical: a lawyer “shall not compensate, give or promise anything of value to a person for recommending the lawyer’s services,” with exceptions such as “the reasonable costs of advertisements” (Supreme Court of Georgia). Its comment 5 adds that a lawyer may pay for leads “as long as the lead generator does not recommend the lawyer,” and only if the payment doesn’t amount to sharing legal fees (same source).

What the bars we’ve read at the source say about outcome-based pay:

  • New York allows paying a lead platform on several conditions, including that the platform doesn’t recommend the lawyer and that “the payment by the lawyer does not vary depending on whether a retention results or on the amount of any resulting fee” (NYSBA Opinion 1294). Paying a bidding site a percentage of a legal fee broke the fee-sharing rule (Opinion 1271). And paying to be listed on a site that called its lawyers “carefully vetted” was “an improper payment for a recommendation” (Opinion 1267).
  • Florida says a lead provider’s fee “based on the success or perceived value of the case” would be an improper division of fees (Florida Bar handbook).
  • Texas says a lawyer “may not agree to pay a nonlawyer-owned vendor based on a percentage of the revenues” of the firm (Opinion 706).
  • Illinois allows “a reasonable connecting fee for every connection that results in a potential client hiring the lawyer,” but only from a connecting service that tells the client about the arrangement, certifies its compliance in writing and doesn’t recommend you. It bans fees set as a share of your legal fees (Illinois Rule 7.2).
  • Missouri treats a service that sends particular clients to particular lawyers as a referral service, “regardless of the name” it uses, and a lawyer may use one only if it is a “qualified service” registered with the state (Informal Opinion 2025-05, Missouri ethics counsel).

So the careful questions are: Does the vendor recommend me to the person? Does my price change if they hire me? Does my state make this vendor register? Our state rules library shows the referral and lead-generator rule for every state, and marks which ones we have read at the source and which still follow the ABA model rule until we check.

Can an ad say “pay nothing until we win”?

Be careful with it. Google lists “Pay nothing until we win.” among its examples of clickbait in YouTube ads (Google). Texas, for one, makes contingent-fee ads say whether the client pays the costs. And Google bars an affiliate marketer from advertising legal services without saying it doesn’t provide them.

The details, from the platforms’ and bars’ own pages:

  • Guarantees. An Illinois bar opinion found that a referral service’s “money-back guarantee” if the client didn’t win “is effectively a prohibited paid recommendation of the lawyer” (ISBA Opinion 25-02).
  • Costs. In Texas, an ad that offers a contingent fee “must state whether the client will be obligated to pay for other expenses, such as the costs of litigation” (Texas Rule 7.02(c)).
  • Who is advertising. Google’s misrepresentation policy gives this example of what’s not allowed: “An affiliate marketer advertising legal services without disclosing that they do not provide legal services” (Google).
  • Reselling leads. Local Services advertisers “cannot sell or pass leads to other businesses” (Google). Meta’s terms say “You may not sell Lead Generation Data under any circumstances” (Meta).

When ads run in your own accounts, you and your attorney approve every line before it runs, in your state’s words. We handle your state’s ad rules for you.

What should you ask a vendor before you sign?

Ask five things, and get the answers in writing. A good vendor answers each one easily, because the answers are in its own records and contracts. If a vendor dodges any of them, or will only answer on a call, treat that as your answer. Keep the written replies with the contract you sign.

  1. Where does each case come from? The ad, the page, the phone number and the date of first contact.
  2. Is it only mine? How do you prove nobody else was offered the same person?
  3. Do you recommend me to the person? What exactly do your ads and your call script say?
  4. Does my price change if they hire me, or with the size of the case?
  5. What do I keep if I stop? Recordings, the list of callers who didn’t sign, and any reviews.

The full list of ten questions has a good answer and a warning sign for each. If you already use a vendor, here is how to leave without a gap in new clients.

Where should a firm that buys cases start?

Start by seeing what you already own. You may already have a website, a Google profile and some reviews that could bring in clients of your own. Answer seven quick questions about what you have, and you’ll see your stage and one package to start with. If you’re not sure, start with Google + SEO.

You pay Google, Microsoft and Meta directly for the ads; we never take a cut. Probative charges a flat monthly fee from a published price card: never per lead, never per case and never a share of your fees. Every plan is month to month, with no minimum term: you can end it any month with 30 days’ notice (terms).

What this means for your firm

  • Ask what you keep. Before you sign any deal, list what stays with you the day you stop paying.
  • Count it yourself. Work out the cost per signed case for each source with the worksheet, from your own case list.
  • Check the rule first. If a deal charges per signed case, ask your state bar’s ethics hotline before you sign.

Get my free review

Questions about this guide

Is paying per signed case cheaper than running my own ads?

Sometimes at the start, because you pay nothing until a case signs. But the price per case doesn’t fall as you grow, and nothing you paid for stays with you. Your own ads cost money every month too. The fair test is your own cost per signed case, worked out the same way for both.

Are exclusive signed cases really exclusive?

Ask how the vendor proves it. You want the source of each case (the ad, the page and the date the person first called), in writing. A vendor that can’t show where a case came from can’t show that nobody else was offered the same person.

Do you charge per case or take a share of our fees?

No. Probative charges a flat monthly fee from a published price card. We never charge per lead or per case, never take a share of your fees, and never mark up your ad spend. You pay Google, Microsoft and Meta directly.

What do I keep if I stop working with a flat-fee agency?

You should keep everything: the Google profile, the website and domain, the ad accounts with their history, the call recordings and your client data. With Probative every account is in your name and on your payment method from day one.

Sources

  1. Supreme Court of Georgia, order of November 18, 2025 amending Rules 7.1 to 7.5 (effective March 1, 2026): Rule 7.2(b) and comment 5 on lead generatorsAccessed October 25, 2026
  2. NYSBA Committee on Professional Ethics, Opinion 1294 (March 2026): lead generatorsAccessed October 25, 2026
  3. NYSBA Committee on Professional Ethics, Opinion 1271 (August 20, 2024): sharing legal fees with a nonlawyer bidding platformAccessed October 25, 2026
  4. NYSBA Committee on Professional Ethics, Opinion 1267: paying for a recommendation or referralAccessed October 25, 2026
  5. Illinois State Bar Association, Professional Conduct Advisory Opinion 25-02 (February 2025): for-profit referral service with a money-back guaranteeAccessed October 25, 2026
  6. Illinois Rule of Professional Conduct 7.2 (intermediary connecting services), comment 7 and paragraph (c)(8)Accessed October 25, 2026
  7. The Florida Bar, Handbook on Lawyer Advertising and Solicitation (December 2025): Rule 4-7.22 commentAccessed October 25, 2026
  8. Texas Professional Ethics Committee, Opinion 706 (February 2025)Accessed October 25, 2026
  9. Missouri Office of Legal Ethics Counsel, Informal Opinion 2025-05Accessed October 25, 2026
  10. Texas Disciplinary Rules of Professional Conduct, Part VII: Rule 7.02(c), contingent-fee advertisementsAccessed October 25, 2026
  11. Google Ads policy: YouTube ad requirements, clickbait examplesAccessed October 25, 2026
  12. Google Ads policy: misleading representationAccessed October 25, 2026
  13. Google Local Services Ads policies: lead sellingAccessed October 25, 2026
  14. Meta, Lead Ads TermsAccessed October 25, 2026
  15. Google Business Profile Help: owner and manager rolesAccessed October 25, 2026
  16. Probative: terms in plain English (term, notice and ownership)Accessed October 25, 2026
  17. Probative: lawyer advertising rules by state (the referral and lead-generator cell for each state)Accessed October 25, 2026

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