How much do attorneys charge to set up an LLC
Attorney fees for setting up a straightforward LLC are typically $500 to $2,000, excluding the state filing fee. A basic single-member LLC often costs $500 to $1,500 in legal fees. A multi-member LLC, custom operating agreement or more complicated ownership structure can cost $1,500 to $3,000 or more.
The rate comparison cited below uses Clio's 2025 data.
LLC Attorney Fees at a Glance
| LLC formation situation | Typical attorney fee | Common additional costs |
|---|---|---|
| Basic single-member LLC | $500 to $1,500 | State filing fee |
| Standard multi-member LLC | $1,000 to $2,500 | State filing fee, customized operating agreement |
| LLC with complex ownership or tax issues | $2,000 or more | Tax advice, extra documents, filings in other states |
| Articles of Organization only | About $480 on average in recent ContractsCounsel projects | State filing fee and other legal documents |
The approximately $480 figure covers drafting Articles of Organization only. It may not include an operating agreement, legal consultation, EIN assistance or broader business-structure advice.
What Does an Attorney's LLC Formation Fee Include?
An LLC formation fee may cover:
- Reviewing whether an LLC fits the business
- Checking basic business-name availability
- Preparing and filing the Articles of Organization or Certificate of Formation
- Drafting an LLC operating agreement
- Explaining member ownership and management rights
- Preparing initial consents or organizational resolutions
- Providing instructions for obtaining an EIN
- Answering a limited number of follow-up questions after formation
The Articles of Organization create the LLC with the state. The operating agreement explains how the LLC is owned, managed and governed. The U.S. Small Business Administration lists both documents as part of the LLC formation process, although state requirements differ.
An EIN is free when you obtain it directly from the Internal Revenue Service. An attorney may charge a separate service fee for applying on your behalf.
Why Do LLC Attorney Fees Vary So Much?
LLC attorney fees vary based on the number of members, the operating agreement, the tax questions involved, the states where the business operates and the attorney's billing method.
The Number of LLC Members
A single-member LLC usually requires less drafting than an LLC owned by two or more people. A multi-member operating agreement may address:
- Ownership percentages
- Capital contributions
- Voting rights
- Profit and loss allocations
- Member withdrawals
- Buyouts and transfers
- Deadlock resolution
- Death, disability or disputes involving a member
Each additional issue can increase the time needed for drafting and review.
The Operating Agreement
A basic operating agreement may use standard provisions. A customized agreement for a real estate company, family business, professional practice or startup with outside investors requires more analysis.
A low flat fee may cover only a template. Ask whether the attorney will revise the agreement to reflect your ownership, management and financial arrangements.
Tax and Business-Structure Advice
Forming an LLC is separate from deciding how the LLC should be taxed. Legal fees may increase if you need advice about:
- Partnership taxation
- An S corporation tax election
- A C corporation tax election
- Holding companies
- Real estate ownership
- Foreign ownership
- Intellectual property ownership
- Payroll or employment structures
A certified public accountant or tax attorney may also need to review the tax issues.
Multiple-State Operations
An LLC formed in one state may need to register as a foreign LLC in another state where it conducts business. The SBA says that businesses operating in more than one state may need foreign qualification and additional state filings.
Attorney Billing Method
Some attorneys charge a flat fee for routine formation work. Others bill by the hour. Clio reported an average U.S. lawyer rate of $349 per hour in 2025 across practice areas. Business attorney rates vary by location, experience and firm size.
A flat fee is easier to budget for routine LLC work. If the attorney bills hourly, ask for an estimated total or a not-to-exceed limit.
State Filing Fees Are Separate From Attorney Fees
The state filing fee goes to the Secretary of State or another state filing office. It is separate from the attorney's fee unless the quote says otherwise.
| State | LLC formation filing fee |
|---|---|
| California | $70 |
| New York | $200 |
| Texas | $300 |
California's Articles of Organization lists a $70 filing fee. New York charges $200 for Articles of Organization, while Texas charges $300 for an LLC Certificate of Formation.
New York also has a publication requirement for most LLCs. The LLC must publish a formation notice in two newspapers for six consecutive weeks and file a Certificate of Publication with a $50 filing fee. Newspaper charges are separate.
What Should You Ask an Attorney Before Hiring Them?
Ask for a written quote that separates:
- The attorney's legal fee
- The state filing fee
- Registered-agent fees
- Expedited filing charges
- Certified copies or certificates of status
- Publication costs, if required
- EIN application services
- Operating-agreement drafting and revisions
- Tax advice or tax-election services
- Post-formation support
Ask whether the quote covers a custom operating agreement or only a standard template. Confirm how many follow-up questions and document revisions are included.
When Is Hiring an Attorney Worth the Cost?
Hiring an attorney is most useful when the LLC has:
- Multiple owners
- Unequal ownership percentages
- Significant assets or real estate
- Outside investors
- Complicated profit-sharing arrangements
- Foreign owners
- A regulated or licensed business
- Existing contracts or intellectual property
- Operations in multiple states
- A need for tax-structure advice
For a simple single-member business with one owner, no investors and no unusual assets, filing directly with the state may be enough. In that situation, the main benefit of hiring an attorney is legal review and convenience rather than the filing itself.
Bottom Line
Compare the complete scope of the work, not only the advertised fee. A useful quote should show the cost of filing, the operating agreement, legal advice, revisions, state fees and post-formation support separately.