Willinger, Willinger & Bucci PLLC

08/20/2026

Without a well-drafted attorney's fees provision, the cost of enforcing your contract could exceed what you actually recover.

Under Connecticut law, each party generally bears its own attorney's fees unless a statute or contract provides otherwise. That's why attorney's fees provisions are common in commercial agreements and why they're routinely enforced when clearly drafted.

Here's what business owners should know:

✅ Contract language awarding fees to the " prevailing party" is generally upheld, but courts won't read in a right to fees that isn't explicitly stated in the agreement.

✅ In consumer contracts with a commercial party, if the commercial party's fees are covered, the consumer is also entitled to recover fees when they successfully prosecute or defend a claim, even if the contract only mentions the commercial party's fees.

✅ Even with a valid provision, fees must be reasonable. Courts consider the time and labor required, case complexity, local customary rates, counsel's experience, and the results obtained. The party requesting fees must back it up with billing records, affidavits, or testimony.

✅ Precise drafting matters. Vague language is the most common reason fee provisions get disputed later, so it's worth specifying who can recover fees, whether the clause covers arbitration and appeals, and whether expert witness costs are included.

With the rising cost of commercial litigation, including a well-drafted attorney's fees provision in every commercial contract, it is critical to obtain a recovery that fairly reflects your actual damages.

Read our full breakdown here: https://www.wwblaw.com/attorneys-fees-provisions-in-commercial-agreements-under-connecticut-law/

Entering a commercial agreement in Connecticut? Our attorneys are here to help you protect your position before you sign.

📧 [email protected]
📞 203-601-6078

08/20/2026

Legal Question of the Week: Can you bring your dog into the grocery store? 🐾

It's becoming more common to see people bringing their dogs everywhere: coffee shops, retail stores, even the grocery store. So we're often asked: what does Connecticut law actually say about this?

Here's the straightforward answer:

Under Connecticut law, the right to bring a dog into a public place that caters to or offers services, facilities, or goods to the general public, such as supermarkets and retail stores, is generally limited to service animals accompanying individuals with disabilities, or individuals training such animals.

Here's how it breaks down:

Non-service pets don't have a legal right of entry
Private owners of domestic dogs, including emotional support animals, do not have a statutory right to bring non-service animals into commercial establishments like grocery stores or retail shops.

Leash laws still apply in public.
Whether or not a dog qualifies as a service animal, owners must comply with state and local leash laws and roaming restrictions whenever they're in public spaces.

Store staff have the right to ask specific questions
When it isn't obvious what service an animal provides, staff at a retail store, supermarket, or other place of public accommodation may ask the owner or keeper two things: whether the animal is a service animal required because of a disability, and what specific work or task the animal has been trained to do.

The bottom line: Unless your dog is a documented service dog, it's best to leave Fido at home.

Have questions about service animal laws, public accommodation rules, or another legal matter in Connecticut? Our team is here to help.

📧 [email protected]
📞 (203) 601-6078

Have a legal question of your own? We'd love to feature it in a future edition; send it our way!

08/18/2026

If you're enforcing a commercial contract in Connecticut, here's something worth knowing before you ever need it: parties generally pay their own legal fees, win or lose, unless the contract says otherwise.

That's why attorneys' fees provisions aren't just boilerplate. A well-drafted clause can be the difference between a recovery that makes you whole and a win that costs more than it's worth.

Here's what business owners should understand:

📌 Courts enforce clear fee provisions, but won't infer them. If your contract doesn't expressly state that the prevailing party can recover attorney's fees, Connecticut courts won't read that right into the agreement, no matter how reasonable it seems.

📌 Fee awards must be reasonable, and you'll need to prove it. Judges consider factors like time and labor required, the complexity of the issues, customary local billing rates, and the results obtained. The party requesting fees typically has to substantiate that request with billing records or testimony.

📌 Drafting details matter more than most parties realize. Whether fees apply only to the " prevailing party" or to any party enforcing the agreement, whether the provision extends to arbitration or appeals, and whether it covers costs like expert witness fees can all significantly change what you're able to recover.

Bottom line: Without a strong attorney's fees provision, enforcing your contract could cost more than what you'd recover. As commercial litigation costs continue to rise, this is one clause worth getting right in every agreement.

Attorney James A. Lenes breaks down the full analysis: https://www.wwblaw.com/attorneys-fees-provisions-in-commercial-agreements-under-connecticut-law/

Have questions about your commercial contracts? Our team is here to help.

📧 [email protected]
📞 (203) 601-6078

08/14/2026

Do you have a will in place? 📝

In this webinar, Attorney Heidi McGee of Willinger, Willinger & Bucci covers:

✅ What happens if you die without a will (intestacy laws)
✅ Common probate myths debunked
✅ How to properly provide for or disinherit family members
✅ Requirements for a valid will in Connecticut
✅ Wills vs. trusts and how they work together
✅ Why power of attorney and healthcare directives matter for young adults too

Watch the full workshop now 👉 https://youtu.be/Hc1sMVHCtNY?si=tQ3mOe_rokIuJ7Cg

08/13/2026

A DCF investigation can feel frightening and overwhelming for any family.

In Connecticut, DCF has the authority to investigate allegations of abuse or neglect. However, families still have rights, and understanding those rights before responding is critical.

Important points to know:

• Unless there is a court order, cooperation is generally voluntary
• You have the right to remain silent
• You have the right to speak with an attorney
• You may be able to decline interviews, releases, and home visits
• A DCF finding can have long-term consequences, including background check and employment issues

Scroll through to learn more about what a DCF investigation could mean for your family.

If DCF has contacted your family, do not navigate the process alone. Speak with an attorney before you respond.

Contact our attorneys:
📩 [email protected]
📞 203-601-6078

08/12/2026

Legal Question of the Week 🔑

"What is a contingency fee agreement and how does it actually work?"

It's one of the most important questions anyone considering a personal injury or civil claim should ask. Here's what you need to know before you sign anything.

A contingency fee is a payment arrangement where your attorney only gets paid if you win or successfully settle your case. If there's no recovery, there's no attorney fee. It's designed to give everyone access to quality legal representation regardless of their financial situation.

Here's how it works in practice:

📋 No upfront attorney fees
Your attorney takes your case with the understanding that their fee comes from the proceeds if you prevail. You don't need money in hand to get started and that matters when you're already dealing with the financial strain of an injury or dispute.

📋 The attorney earns a percentage of the recovery
The fee is a percentage of the total amount recovered on your behalf. In most cases, that percentage is 33%, though it can vary depending on the complexity of the case and whether it proceeds to trial.

📋 You are still responsible for case-related costs
This is the detail many clients miss. While the attorney fee is contingent on winning, you are typically still responsible for certain out-of-pocket expenses court filing fees, costs to obtain medical records, expert witness fees, and similar costs. These may be owed regardless of the outcome of your case. Make sure you understand this distinction before signing.

📋 The agreement must be in writing
Professional conduct rules require every contingency fee arrangement to be documented in writing and signed by the client. The written agreement must clearly state how the fee is calculated and what expenses you are responsible for. If an attorney isn't offering a written agreement, that's a serious red flag.

The bottom line: A contingency fee arrangement levels the playing field. It gives individuals access to experienced legal representation without paying out of pocket upfront. Understanding exactly what you're agreeing to including the costs, protects you from surprises down the road.

Have questions about a personal injury or civil claim in Connecticut? Our team is here to help you understand your options.

📧 [email protected]
📞 (203) 601-6078

Share this post if you know someone navigating a potential legal claim, understanding how attorney fees work is the first step toward making an informed decision.

08/11/2026

A DCF investigation can affect your family, your record, and your future, and most families don't know their rights until it's already too late.

In Connecticut, DCF has broad authority to investigate allegations of abuse or neglect. But that authority has real limits, and understanding those limits matters enormously for the families caught in this process.

Here are some critical facts every Connecticut family should know:

🔹 DCF can investigate parents, guardians, teachers, coaches, clergy, and anyone responsible for a child's care
🔹 DCF relies primarily on interviews and voluntary cooperation; they do not obtain search warrants
🔹 DCF may interview your child at school without a parent present
🔹 In an emergency, DCF can remove a child from the home for up to 96 hours
🔹 A substantiated finding, even without criminal charges, can affect employment, participation in child-related activities, and background checks for years to come

Families who respond to DCF without legal guidance often make their situation harder to defend. Knowing your rights, understanding the process, and having experienced counsel in your corner can make a critical difference in the outcome.

Attorney Chris DeMatteo shares 10 important facts every family should know about DCF investigations, substantiations, and the appeals process.

Read the full article here: https://www.wwblaw.com/ten-facts-about-dcf-investigations-substantiations-and-appeals/

If DCF has contacted your family, please speak with one of our attorneys before you respond. We're here to protect your family and guide you through this process.

📧 [email protected]
📞 (203) 601-6078

08/07/2026

Family law clients come to us at their most vulnerable time, and guiding them through that process is one of the most meaningful parts of what we do.

Choosing a family law attorney means finding someone with real, specialized experience. Family law is constantly evolving, and you need an attorney who can give you reassurance, clear guidance, and sound legal advice from the very first call.

Family law makes up the majority of our practice, including trial work and everything necessary to deliver the resolution our clients need during one of the most difficult times in their lives.

Feeling overwhelmed by a family law matter? You don't have to face it alone. Call us for your first consultation; it's free.

📧 [email protected]
📞 (203) 366-3939

08/06/2026

Bidding wars are becoming the norm in Connecticut real estate, but over-ask offers come with risks most buyers don't fully understand until it's too late.

If you're buying a home in Connecticut right now, you know the market is intense.

Multiple offers. Competing bids. Pressure to go over the asking price to win. It feels like you have to choose: bid aggressively or lose the home.

But that pressure can lead to financial decisions you'll regret for years.

Making an over-ask offer isn't just a strategy. It's a financial commitment with serious legal and lending implications.

Here's what homebuyers need to understand before going over-ask:
🔹 Your lender sets your real budget, not your emotions.
🔹 Just because you can offer $X doesn't mean your lender will approve financing at that price.
🔹 Understand your lending parameters before you bid. Talk to your lender about what they'll actually finance before you make an offer.

The appraisal process determines what happens next.

When you bid above the asking price, the property must appraise at or near your offer price. If comparable sales data doesn't support your bid, the appraisal will come in low. When that happens, you have a serious problem on your hands.
No appraisal contingency means no safety net.

An appraisal contingency protects you if the property doesn't appraise at your offer price. Without it, you could be responsible for the entire difference between your offer and the appraised value out of your own pocket. Many buyers have lost tens of thousands of dollars by waiving this protection.
You need to understand what you're waiving.

Appraisal contingencies. Financing contingencies. Inspection contingencies. Earnest money provisions. Each one protects you in different ways. Waiving them to win a bidding war might get you the home, but it could cost you the down payment and more if something goes wrong.

Here's the harsh reality: Waiving contingencies to win a bidding war may cost you far more than the home is worth.

Protect yourself before you bid:
✅ Understand your financing. Talk to your lender about what they'll approve and at what price.
✅ Know the market. Research comparable sales. Does your offer price make sense?
✅ Understand contingencies. Know what each contingency protects you from and what it costs to waive.
✅ Have an attorney review your contract. Before you submit an offer, have a real estate attorney review the terms and explain your exposure.
✅ Make an informed offer, not an emotional one. The goal is to win the home on terms that protect you, not to win at any cost.

Attorney Katherine Macol breaks down what every homebuyer needs to know about over-ask offers, appraisal contingencies, and contract protection in today's competitive markets https://www.wwblaw.com/what-to-know-about-making-an-over-ask-offer-to-purchase-real-estate/

If you're preparing an offer in Connecticut, don't skip the legal review.

Understanding your exposure takes minutes. Recovering from a bad deal takes years.

Our real estate team is here to review your offer, explain your contingencies, and protect your interests before you commit.

📧 [email protected]
📞 (203) 601-6078

08/05/2026