LRBs0253/1
PJH:cmh:jf
September 2011 Special Session
2011 - 2012 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO SENATE BILL 12
November 3, 2011 - Offered by Representatives Staskunas and Hebl.
SB12-ASA1,1,2
1An Act to create 814.045 of the statutes;
relating to: factors for determining
2the reasonableness of attorney fees.
Analysis by the Legislative Reference Bureau
Under current law, in certain civil actions a court may grant reasonable
attorney fees to a prevailing party or may be asked to determine whether attorney
fees sought by a party are reasonable. Under this substitute amendment, to
determine whether attorney fees are reasonable, the court must consider several
factors set forth by a rule established by the supreme court.
Under the substitute amendment, the factors that the court must consider are
the time and labor required by the attorney, the novelty and difficulty of the
questions involved, and the skills needed to perform the legal service properly; the
likelihood that the acceptance of the particular case will or did prevent the attorney
from accepting other work; the fee customarily charged in the locality for similar
legal services; the amount involved in the legal dispute and the results obtained; the
time limitations imposed by the client or by the circumstances; the nature and length
of the professional relationship with the client; the experience, reputation, and
ability of the attorney performing the services; and whether the fee is fixed or
contingent.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB12-ASA1,2,5
2814.045 Attorney fees; reasonableness. In any action involving the award
3of attorney fees that are not governed by s. 814.04 (1) or involving a dispute over the
4reasonableness of attorney fees, the court shall, in determining whether the fees are
5reasonable, consider all of the factors set forth in SCR 20:1.5 (a).
