In Connecticut Attorneys are required to have written fee agreements in place with their clients. If the payments are conditioned upon the success of closing the client free to reject the agreement or to seek renegotiation on more acceptable terms. Ultimately non-payment issues are governed by the agreement.

Several years ago while I was sitting in court waiting for my case to be called I saw a case involving non-payment of an expert witness at trial. Apparently the law firm was small and had lost the case. It had not paid the expert witness. At the hearing in damages the law firm pleaded hardship...it had not received payment from its client and could not pay the expert witness. The judge admonished him..."Then you should not have taken the case." The law firm was ordered to pay the expert witness.

Although you are not the law firm's client ... there is a lesson to be learned...Get your fee agreement in writing, up front and on terms acceptable to you. Then it is a simple matter of contract enforcement. It is so much easier when the agreement is reduced to writing.