Rule 1.5. Fees

Fees

(a) A lawyer shall not make an agreement for,

charge, or collect an unreasonable fee or an

unreasonable amount for expenses. The factors

to be considered in determining the reasonableness of a fee include the following:

(1) The time and labor required, the novelty and

difficulty of the questions involved, and the skill

requisite to perform the legal service properly;

(2) The likelihood, if made known to the client,

that the acceptance of the particular employment

will preclude other employment by the lawyer;

Rule 1.5

(3) The fee customarily charged in the locality

for similar legal services;

(4) The amount involved and the results obtained;

(5) The time limitations imposed by the client

or by the circumstances;

(6) The nature and length of the professional

relationship with the client;

(7) The experience, reputation, and ability of

the lawyer or lawyers performing the services; and

(8) Whether the fee is fixed or contingent.

(b) The scope of the representation, the basis

or rate of the fee and expenses for which the client will be responsible, shall be communicated

to the client, in writing, before or within a reasonable time after commencing the representation,

except when the lawyer will charge a regularly

represented client on the same basis or rate. Any

changes in the basis or rate of the fee or expenses

shall also be communicated to the client in writing

before the fees or expenses to be billed at higher

rates are actually incurred

shall be communicated

to the client, in writing, before or within a reasonable time after commencing the representation,

except when the lawyer will charge a regularly

represented client on the same basis or rate. Any

changes in the basis or rate of the fee or expenses

shall also be communicated to the client in writing

before the fees or expenses to be billed at higher

rates are actually incurred. In any representation

in which the lawyer and the client agree that the

lawyer will file a limited appearance, the limited

appearance engagement agreement shall also

include the following: identification of the proceeding in which the lawyer will file the limited appearance; identification of the court events for which

the lawyer will appear on behalf of the client;

and notification to the client that after the limited

appearance services have been completed, the

lawyer will file a certificate of completion of limited

appearance with the court, which will serve to

terminate the lawyer’s obligation to the client in

the matter, and as to which the client will have no

right to object. Any change in the scope of the

representation requires the client’s informed consent, shall be confirmed to the client in writing,

and shall require the lawyer to file a new limited

appearance with the court reflecting the change(s)

in the scope of representation. This subsection

shall not apply to public defenders or in situations

where the lawyer will be paid by the court or a

state agency.

ect. Any change in the scope of the

representation requires the client’s informed consent, shall be confirmed to the client in writing,

and shall require the lawyer to file a new limited

appearance with the court reflecting the change(s)

in the scope of representation. This subsection

shall not apply to public defenders or in situations

where the lawyer will be paid by the court or a

state agency.

(c) A fee may be contingent on the outcome of

the matter for which the service is rendered,

except in a matter in which a contingent fee is

prohibited by subsection (d) or other law. A contingent fee agreement shall be in a writing signed

by the client and shall state the method by which

the fee is to be determined, including the percentage or percentages of the recovery that shall

accrue to the lawyer as a fee in the event of settlement, trial or appeal, whether and to what extent

the client will be responsible for any court costs

and expenses of litigation, and whether such

expenses are to be deducted before or after the

contingent fee is calculated. The agreement must

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clearly notify the client of any expenses for which

the client will be liable whether or not the client

is the prevailing party. Upon conclusion of a contingent fee matter, the lawyer shall provide the

client with a written statement stating the outcome

of the matter and, if there is a recovery, showing

the remittance to the client and the method of

its determination.

(d) A lawyer shall not enter into an arrangement

for, charge, or collect:

(1) Any fee in a domestic relations matter, the

payment or amount of which is contingent upon

the securing of a dissolution of marriage or civil

union or upon the amount of alimony or support,

or property settlement in lieu thereof; or

(2) A contingent fee for representing a defendant in a criminal case.

f

its determination.

(d) A lawyer shall not enter into an arrangement

for, charge, or collect:

(1) Any fee in a domestic relations matter, the

payment or amount of which is contingent upon

the securing of a dissolution of marriage or civil

union or upon the amount of alimony or support,

or property settlement in lieu thereof; or

(2) A contingent fee for representing a defendant in a criminal case.

(e) A division of fee between lawyers who are

not in the same firm may be made only if:

(1) The client is advised in writing of the compensation sharing agreement and of the participation of all the lawyers involved, and does not

object; and

(2) The total fee is reasonable.

COMMENTARY: Basis or Rate of Fee. Subsection (a)

requires that lawyers charge fees that are reasonable under

the circumstances. The factors specified in (1) through (8) are

not exclusive. Nor will each factor be relevant in each instance.

Subsection (a) also requires that expenses for which the client

will be charged must be reasonable. A lawyer may seek reimbursement for the cost of services performed in-house, such

as copying, or for other expenses incurred in-house, such as

telephone charges, either by charging a reasonable amount

to which the client has agreed in advance or by charging an

amount that reasonably reflects the cost incurred by the

lawyer.

When the lawyer has regularly represented a client, the

lawyer and the client ordinarily will have evolved an understanding concerning the basis or rate of the fee and the

expenses for which the client will be responsible. In a new

client-lawyer relationship, however, an understanding as to

fees and expenses must be promptly established

unt that reasonably reflects the cost incurred by the

lawyer.

When the lawyer has regularly represented a client, the

lawyer and the client ordinarily will have evolved an understanding concerning the basis or rate of the fee and the

expenses for which the client will be responsible. In a new

client-lawyer relationship, however, an understanding as to

fees and expenses must be promptly established. Generally,

it is desirable to furnish the client with at least a simple memorandum or copy of the lawyer’s customary fee arrangements

that states the general nature of the legal services to be provided, the basis, rate or total amount of the fee and whether

and to what extent the client will be responsible for any costs,

expenses or disbursements in the course of the representation. A written statement concerning the terms of the engagement reduces the possibility of misunderstanding. Absent

extraordinary circumstances, the lawyer should send the written fee statement to the client before any substantial services

are rendered, but in any event, not later than ten days after

commencing the representation.

Contingent fees, like any other fees, are subject to the

reasonableness standard of subsection (a) of this Rule. In

determining whether a particular contingent fee is reasonable,

or whether it is reasonable to charge any form of contingent

fee, a lawyer must consider the factors that are relevant under

the circumstances. Applicable law may impose limitations on

contingent fees, such as a ceiling on the percentage allowable,

ther fees, are subject to the

reasonableness standard of subsection (a) of this Rule. In

determining whether a particular contingent fee is reasonable,

or whether it is reasonable to charge any form of contingent

fee, a lawyer must consider the factors that are relevant under

the circumstances. Applicable law may impose limitations on

contingent fees, such as a ceiling on the percentage allowable,

Rule 1.5

or may require a lawyer to offer clients an alternative basis

for the fee. Applicable law also may apply to situations other

than a contingent fee, for example, government regulations

regarding fees in certain tax matters. In matters where a contingent fee agreement has been signed by the client and is

in accordance with General Statutes § 52-251c, the fee is

presumed to be reasonable.

Terms of Payment. A lawyer may require advance payment of a fee, but is obliged to return any unearned portion.

See Rule 1.16 (d). A lawyer may accept property in payment

for services, such as an ownership interest in an enterprise,

providing this does not involve acquisition of a proprietary

interest in the cause of action or subject matter of the litigation

contrary to Rule 1.8 (i). However, a fee paid in property instead

of money may be subject to the requirements of Rule 1.8 (a)

because such fees often have the essential qualities of a

business transaction with the client.

An agreement may not be made whose terms might induce

the lawyer improperly to curtail services for the client or perform

them in a way contrary to the client’s interest. For example,

a lawyer should not enter into an agreement whereby services

are to be provided only up to a stated amount when it is

foreseeable that more extensive services probably will be

required, unless the situation is adequately explained to the

client. Otherwise, the client might have to bargain for further

assistance in the midst of a proceeding or transaction. However, it is proper to define the extent of services in light of

the client’s ability to pay

services

are to be provided only up to a stated amount when it is

foreseeable that more extensive services probably will be

required, unless the situation is adequately explained to the

client. Otherwise, the client might have to bargain for further

assistance in the midst of a proceeding or transaction. However, it is proper to define the extent of services in light of

the client’s ability to pay. A lawyer should not exploit a fee

arrangement based primarily on hourly charges by using

wasteful procedures.

Prohibited Contingent Fees. Subsection (d) prohibits a

lawyer from charging a contingent fee in a domestic relations

matter when payment is contingent upon the securing of a

divorce or upon the amount of alimony or support or property

settlement to be obtained. This provision does not preclude

a contract for a contingent fee for legal representation in connection with the recovery of postjudgment balances due under

support, alimony or other financial orders because such contracts do not implicate the same policy concerns.

Division of Fee. A division of fee is a single billing to a

client covering the fee of two or more lawyers who are not in

the same firm. A division of fee facilitates association of more

than one lawyer in a matter in which neither alone could serve

the client as well and most often is used when the fee is

contingent and the division is between a referring lawyer and

a trial specialist. Contingent fee agreements must be in writing

signed by the client and must otherwise comply with subsection (c) of this Rule. A lawyer should only refer a matter to

a lawyer whom the referring lawyer reasonably believes is

competent to handle the matter. See Rule 1.1.

Subsection (e) does not prohibit or regulate divisions of

fees to be received in the future for work done when lawyers

were previously associated in a law firm.

Disputes over Fees

ned by the client and must otherwise comply with subsection (c) of this Rule. A lawyer should only refer a matter to

a lawyer whom the referring lawyer reasonably believes is

competent to handle the matter. See Rule 1.1.

Subsection (e) does not prohibit or regulate divisions of

fees to be received in the future for work done when lawyers

were previously associated in a law firm.

Disputes over Fees. If an arbitration or mediation procedure such as that in Practice Book Section 2-32 (a) (3) has

been established for resolution of fee disputes, the lawyer

must comply with the procedure when it is mandatory, and,

even when it is voluntary, the lawyer should conscientiously

consider submitting to it. Law may prescribe a procedure for

determining a lawyer’s fee, for example, in representation of

an executor or administrator, a class or a person entitled to

a reasonable fee as part of the measure of damages. The

lawyer entitled to such a fee and a lawyer representing another

party concerned with the fee should comply with the prescribed procedure.