May a Connecticut family lawyer offer limited-scope divorce services for a flat fee with additional tasks billed later?

Short answer Yes, if the scope and fees are reasonable, the engagement is tailored to the client, responsibilities and later charges are explained in writing, and the client gives informed written consent.
Bar
CTBAR
Issued
February 19, 2020

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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.

Currency note: this opinion is from 2020
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

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

Source

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