Four of these states explicitly allow a court to authorize a larger fee (Illinois, Maine, New York, and Wisconsin), and Wyoming explicitly allows the client and attorney to contract for a larger fee.

Connecticut does not explicitly allow a client to waive the statutory fee limits. But one Superior Court case held that the client could waive the limits because (1) the law did not explicitly prohibit a waiver, and (2) the legislative history supported the position that the legislature intended to allow clients to waive it. Because the court decided the case on statutory construction grounds it did not address the constitutional challenges the plaintiff raised against the law if it were interpreted as prohibiting waivers.