Some fees will be calculated on a graduated, or "sliding scale." This means that the highest percentage will be charged on the smallest amount of recovery. The following is an example of this concept.
This sample fee is billed as 40% of the first $10,000, 33% of the next $40,000 and 28% of the remaining sum. The amount recovered is $100,000:
| Percentage | Sum billed | Fee |
| 40 | $10,000 | $4,000 |
| 33 | $40,000 | $13,200 |
| 28 | $50,000 | $14,000 |
| Total fee charged on $100,000 | $31,200 (this is less than the standard one-third fee) |