Contingency Fee Agreement - Connecticut

CONTINGENCY FEE AGREEMENT (CONNECTICUT)

Parties and Engagement

Date of Agreement: [__/__/____]

The Client acknowledges receipt of a signed copy of this Agreement.

1. Scope of Representation

The Client retains the Attorney to represent the Client in the following matter:

Nature of Claim: [________________________________]

Adverse Party / Defendant(s): [________________________________]

Date of Incident / Accrual: [__/__/____]

Statute of Limitations Deadline: [__/__/____]

Court / Venue: [________________________________]

This representation ☐ includes / ☐ does not include appeals and post-judgment proceedings.

2. The Contingent Fee

The Attorney's fee is contingent upon, and stated as a percentage of, the recovery obtained by settlement, judgment, or award. If there is no recovery, the Client owes no attorney fee (see Section 9).

Base contingent fee: [____]%

☐ Single percentage (above), OR ☐ Tiered by stage:

Important: If this matter is a personal injury, wrongful death, or property damage action subject to Conn. Gen. Stat. § 52-251c, the percentages above are subject to the statutory sliding-scale cap in Section 4 unless validly waived under Section 5.

3. Fee Computed on Gross or Net — Costs and Expenses

The contingent-fee percentage is applied to (indicate which):

☐ Before costs — applied to the gross recovery; costs are then deducted from the Client's share.
☐ After costs (net) — costs are first deducted from the gross recovery; the percentage is then applied to the net.

The Client is responsible for the following costs and expenses:
☐ Court entry / filing fees ☐ State marshal service fees ☐ Deposition / transcript costs ☐ Expert witness fees and reports (see Conn. Gen. Stat. § 52-260) ☐ Medical records retrieval ☐ Investigation ☐ Mediation / arbitration fees ☐ Document reproduction ☐ Other: [________________]

Cost advance policy:
☐ The firm advances all costs; the Client reimburses from the recovery.
☐ The Client is responsible for costs as incurred, regardless of outcome.
☐ Hybrid: firm advances up to $[____]; Client responsible beyond that amount.

4. Statutory Sliding Scale — Conn. Gen. Stat. § 52-251c

For any claim or civil action to recover damages resulting from personal injury, wrongful death, or damage to property occurring on or after October 1, 1987, the contingent fee shall be the exclusive method of attorney payment and shall not exceed the following percentages of the damages awarded and received, or of the settlement amount received:

☐ This matter is subject to § 52-251c, and the fee in Sections 2–3 complies with (or is lower than) this scale.
☐ This matter is not subject to § 52-251c (e.g., commercial, contract, employment, collection); the negotiated percentage in Section 2 applies, subject to RPC 1.5(a).

5. Waiver of the Statutory Limits (§ 52-251c(c)) — OPTIONAL

The Client may waive the percentage limitations of § 52-251c(b) only if the claim or action is so substantially complex, unique, or different from other such claims as to warrant a deviation. Factors that may indicate this include, but are not limited to, that the matter: (1) involves complex factual, medical, or legal issues; (2) involves serious permanent personal injury or death; (3) is likely to require extensive investigation and discovery, including multiple depositions; or (4) requires independent expert witness testimony.

☐ Waiver elected. The Client, having read the full statutory fee schedule set forth in Section 4 above, knowingly and voluntarily waives the percentage limitations of Conn. Gen. Stat. § 52-251c(b) and agrees to the contingent fee set forth in Section 2, because the matter is substantially complex, unique, or different for the following reason(s): [________________________________].

Client Waiver Signature: ________________________________ Date: [__/__/____]

6. Associated / Referral Counsel — Division of Fees (RPC 1.5(e))

A division of fee between lawyers not in the same firm may be made only if: (1) the Client is advised of and consents to the participation of all the lawyers involved; (2) the terms of the division are disclosed to the Client and the Client consents; (3) the total fee is reasonable; and (4) the division and the Client's consent are confirmed in writing (preferably in advance of services).

☐ Associated/referral counsel involved: [________________] — Client consent obtained in writing. The total fee charged is not increased by reason of the division.

7. Excluded / Prohibited Contingent Fee Matters (RPC 1.5(d))

A contingent fee may not be charged in the following matters, and this Agreement confirms it does not apply to them:
☐ Any domestic relations matter where the fee is contingent upon securing a divorce or upon the amount of alimony, support, or property settlement in lieu thereof.
☐ The defense of a criminal case.

8. Settlement Authority

The Attorney will communicate all settlement offers to the Client. The decision to accept or reject any settlement belongs solely to the Client (RPC 1.2(a)). The Attorney will not settle without the Client's authorization.

9. No Recovery — No Fee

If there is no recovery, the Client owes no attorney fee.
☐ The Client remains responsible for costs and expenses advanced, OR
☐ The firm absorbs advanced costs if there is no recovery.

10. Client's Right to Terminate; Quantum Meruit and Attorney's Lien

The Client may discharge the Attorney at any time. If the Client terminates this Agreement and later recovers on the claim, the Attorney may be entitled to compensation on a quantum meruit basis for the reasonable value of services rendered before discharge, subject to applicable Connecticut law, and the Attorney may assert a charging lien against the proceeds of any recovery to the extent permitted by law.

11. Liens and Subrogation

The Client acknowledges the recovery may be subject to:
☐ Medical / provider liens ☐ Health insurer subrogation ☐ Medicare / Medicaid liens (42 U.S.C. § 1395y(b)) ☐ Workers' compensation liens ☐ Other: [________________]

The Attorney will endeavor to negotiate and resolve liens from the recovery; the Client remains ultimately responsible for satisfying all valid liens.

12. Closing Statement (RPC 1.5(c))

Upon conclusion of this contingent-fee matter, the Attorney will provide the Client with a written statement stating the outcome and, if there is a recovery, showing the remittance to the Client and the method of its determination.

13. Signatures

By signing, the Client confirms understanding of and agreement to this contingency fee arrangement, including (where applicable) the statutory sliding scale in Section 4.

Client Signature: ________________________________ Date: [__/__/____]

Client Printed Name: [________________________________]

Attorney Signature: ________________________________ Date: [__/__/____]

Attorney Printed Name & Juris No.: [________________________________]

Connecticut Practice Notes

• RPC 1.5(c) writing requirement. A contingent fee agreement must be in a writing signed by the client and must state the method by which the fee is determined, the percentage(s) on settlement / trial / appeal, the litigation and other expenses to be deducted, and whether expenses are deducted before or after the fee is calculated. The agreement must clearly notify the client of expenses for which the client will be liable whether or not the client prevails, and the lawyer must provide a closing statement at conclusion.
• Statutory sliding scale — § 52-251c. This is the defining Connecticut feature. In personal injury, wrongful death, and property damage actions accruing on/after Oct. 1, 1987, the contingent fee is the exclusive method of payment and may not exceed 33⅓% of the first $300,000, 25% of the next $300,000, 20% of the next $300,000, 15% of the next $300,000, and 10% of any amount over $1.2 million. The limits are applied on the recovery net of costs/disbursements and amounts payable to third parties (§ 52-251c(d)).
• Waiver. Under § 52-251c(c), the client may waive the cap only where the matter is "substantially complex, unique or different." The statute lists nonexclusive factors (complex medical/legal issues; serious permanent injury or death; extensive discovery / multiple depositions; independent expert testimony). The waiver should be in writing and recite the statutory schedule; notarization is a common best practice — verify expectations in your district.
• Prohibited matters — RPC 1.5(d). No contingent fee in domestic relations matters contingent on divorce/alimony/support/property settlement, or for the defense of a criminal case.
• Fee division — RPC 1.5(e). Connecticut's rule omits the ABA proportionality/joint-responsibility precondition; a division (including a referral arrangement) is permitted if the client is advised of and consents to the participation of all lawyers, the terms are disclosed and consented to, and the total fee is reasonable (see CBA Informal Op. 20-02). The division must not increase the total fee.
• Workers' compensation. Attorney fees in Connecticut workers' compensation matters must be approved by the Workers' Compensation Commissioner and are governed by the Commission's fee guidelines rather than § 52-251c. Verify current Commission practice (commonly a 20% guideline).
• Unsettled / verify: Confirm the current § 52-251c brackets and the precise net-of-costs computation under subsection (d); confirm the current Practice Book text of RPC 1.5(c)–(e) (2026 edition); confirm any local expectation of notarized waivers.

Sources and References

• Conn. Gen. Stat. § 52-251c (FindLaw, full text)
• Conn. Gen. Stat. § 52-251c (Justia)
• Connecticut Rules of Professional Conduct, Rule 1.5 (Connecticut Practice Book)
• Connecticut Bar Ass'n Informal Op. 20-02 (Fees for Referral to Attorney in Another Jurisdiction)
• Conn. Gen. Stat. Chapter 901 — Damages, Costs and Fees