May a Connecticut family lawyer offer limited-scope divorce services for a flat fee with additional tasks billed later?
Apply this to your situation
This page answers the general question as of 2020. Ask about yours and see what the current Connecticut Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
The proposed model offered every divorce client the same flat-fee package for selected tasks, with additional services billed later. The Committee rejected a one-size-fits-all limitation because the necessary tasks, complexity, interests, and client's ability to proceed without counsel differ by matter.
Rule 1.2(c) requires a reasonable limitation and informed consent. Before the engagement, the lawyer must identify foreseeable issues, state which tasks each side will handle, explain material risks and alternatives, and obtain consent confirmed in writing. Any later scope change requires the same consent.
The Committee permitted a shift from fixed-fee pretrial work to hourly trial billing when reasonable and explained in the initial writing. The agreement also must cover later services and reduction or refund of the flat fee if covered work is not performed. Limited scope does not reduce duties of competence, diligence, communication, confidentiality, or conflicts compliance.
In practice
Under this opinion, a limited-scope divorce engagement begins with a client-specific assessment and a written division of labor. Even when the work takes longer than expected, the lawyer must complete agreed tasks competently and diligently for the agreed price.
Common questions
Q: May the same limited-scope package be used for every divorce client?
A: No. The Committee concludes that a one-size-fits-all limitation is not reasonable under Rule 1.2(c).
Q: May trial work switch to hourly billing?
A: Yes, if the fees are reasonable and the initial written agreement explains the trial fee structure.
Q: Does a later scope expansion require written consent?
A: Yes. The opinion requires informed consent confirmed in writing for the initial limitation and later changes.
Q: What if covered work is not completed?
A: The initial writing must state the terms for reducing or refunding the flat fee when covered tasks are not performed.
Background and rules framework
Rules 1.0(f), 1.2(c), and 1.4 govern informed consent, scope, and explanation. Rules 1.1 and 1.3 require competence and diligence, while Rule 1.5 governs reasonable fees and written disclosure.
Citations and references
Connecticut Rules of Professional Conduct:
- Rules 1.0(f), 1.1, 1.2(c), 1.3, 1.4, 1.5, 1.6, 1.7, 1.8, 1.9, and 1.10
Other opinions cited:
- Connecticut Informal Opinion 09-01, informed consent to limited representation
- Connecticut Informal Opinion 00-12, nonrefundable and flat-fee agreements
- Colorado Bar Association Formal Opinion 101 (1998), memorializing limited representation
See also
- CT Informal Op. 25-01: Virtual limited-scope criminal advice
- NY State Bar Op. 1215: Limited-scope criminal representation
- Missouri Formal Op. 128: Nonrefundable flat fees
Source
- Landing page: Connecticut Bar Association Informal Ethics Opinions
- Original PDF: Informal Opinion 20-01
What do the rules say today, for your facts?
This opinion is from 2020. Ezel checks the current Connecticut Rules of Professional Conduct against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace