Collecting Attorneys' Fees and Expenses

Whenever any contract or lease to which a consumer is a party, provides for the attorney's fee of the commercial party to be paid by the consumer, an attorney's fee shall be awarded as a matter of law to the consumer who successfully prosecutes or defends an action or a counterclaim based upon the contract or lease. The size of the attorney's fee awarded to the consumer shall be based as far as practicable upon the terms governing the size of the fee for the commercial party. (C.G.S.A. § 42-150bb)

Under Connecticut law, attorneys' fees and expenses (in collection matters) are recoverable if authorized by agreement between the parties. See Emlee Equipment Leasing Corporation v. Waterbury Transmission, Inc., 31 Conn.App. 455, 469 (Conn. App. 1993); Litton Industries Credit Corp. v. Catanuto, 175 Conn. 69, 76 (1978) (leasing agreement may provide for the payment of attorneys' fees). Otherwise, ""absent contractual or statutory authorization, there can be no recovery, either as costs or damages, for the expenses of litigation or the expenditures for counsel fees by a party from his opponent...."" Buccino v. Cable Technology, Inc., 25 Conn. App. 676, 679 (1991).

Where a contract expressly provides for the recovery of reasonable attorney's fees, an award under such a clause requires an evidentiary showing of reasonableness. Marquardt and Roche/Meditz and Hackett, Inc. v. Riverbend Executive Center, Inc., 74 Conn. App. 412 (Conn. App. 2003). In determining reasonableness of fees, the court will take into account, among other things, the services rendered and their nature, the difficulty of the work, the regular hourly charges and the result achieved for the client. See Waterview Resolution Corp. v. L & F Credit Corp., 2002 WL 31304280 (Conn. Super. 2002). The reasonableness of an award of attorney's fees may be determined ""by the exercise of the trier's own expert judgment."" Storm Associates, Inc. v. Baumgold, 186 Conn. 237, 246 (1982).

None.