Attorney Engagement Letter and Fee Agreement
(Contingency Fee Arrangement) (CT)

This template is an engagement letter that can be used to enter into and formalize an attorney-client relationship for a civil litigation matter in Connecticut on a contingent fee basis. This template includes practical guidance, drafting notes, and alternate and optional clauses. An engagement letter must contain certain essential information, such as the client's identity, the intended scope of the contemplated legal work, and the fee arrangement (including billing frequency). This template provides for a contingent fee arrangement, which is most commonly used by plaintiffs' attorneys in personal injury litigation and occasionally other types of litigation. For a template hourly fee agreement, see Attorney Engagement Letter and Fee Agreement (Hourly Fee Arrangement) (CT). The Connecticut Rules of Professional Conduct require that a contingent fee arrangement be set forth in a written agreement including specified information and signed by the client. See Conn. Rules of Prof'l Conduct 1.5(c). Specifically, the contingent fee agreement must state: • The method by which the fee is to be determined, including the percentage or percentages that will accrue to the lawyer in the event of settlement, trial, or appeal • Whether and to what extent the client will be responsible for court costs and other litigation expenses • Whether the expenses are to be deducted before or after the contingent fee is calculated and • A description of any expenses for which the client will be liable, whether or not the client is the prevailing party. Conn. Rules of Prof'l Conduct 1.5(c). This template includes the required provisions. In any action for personal injury, wrongful death, or property damage, with certain exceptions, the maximum percentage fee that may be charged in a contingency fee agreement is limited by statute. See Conn. Gen. Stat. § 52-251c(b). If certain conditions are satisfied relating to the complexity of the case, the client may waive the statutory limitations. See Conn. Gen. Stat. § 52-251c(c). In that case, the contingent fee agreement must include an express waiver of the limits substantially in the form prescribed by Conn. Gen. Stat. § 52-251c(e), which must be separately signed and acknowledged by the client. This template includes an optional paragraph for use in such cases. If multiple parties will be jointly represented, a provision disclosing the potential for conflicts of interest and provisions regarding potential termination of interest in the event that a conflict arises as well as the possible impact on attorney-client privilege should be included. An optional paragraph regarding joint representation is included in this template. For additional discussion of evaluating new clients, checking for conflicts, and entering into fee agreements, see Commencing a Lawsuit: Initial Considerations (CT).