Connecticut appears to be the only state thus far whose courts have allowed clients to waive the protection of a law that establishes a cap on attorneys’ fees. California courts faced the same issue but decided the law could not be waived.

A state law without a waiver right would likely be challenged on constitutional grounds including equal protection, due process, separation of powers, and access to court. A New Hampshire court invalidated the New Hampshire attorney fee cap law on constitutional grounds. But courts in Indiana, Maryland, and Tennessee upheld their laws against constitutional challenge.