Skip to content
Bills from the Sep 2011 Special Session

Assembly Bill 12

Factors for determining the reasonableness of attorney fees

Stopped in committee

It had a but no committee vote, so it never came up for a vote. To try again, a lawmaker would have to start a new bill.

  1. Introduced, passed

    Oct 11, 2011

  2. Committee, stopped here

    Stopped here. It had a hearing but no committee vote.

  3. Assembly vote, not reached

  4. Senate vote, not reached

  5. Governor, not reached

  6. Law, not reached

Latest entry in the official record, Dec 13, 2011: “Failed to pass pursuant to ⁠”

It sat with the Assembly Committee on Judiciary and Ethics.

Read the bill

Following saves it on this device. New actions show on your Following page. You can also get updates in a feed reader.

What it would have done

Summary by the , the Legislature's nonpartisan drafting office. It's their wording, not ours.

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 bill, to determine whether to award attorney fees and whether the attorney fees are reasonable, the court must consider several factors.

Under the bill, the factors that the court must consider include the time and labor required by the attorney, the novelty and difficulty of the questions involved, and the complexity of the case; the skills needed to perform the legal service properly;

Read the full summary

the likelihood that the acceptance of the particular case prevented 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 fees granted in similar cases; 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;

whether the fee is fixed or contingent; and the legitimacy of any defenses raised in the case.

The bill also limits attorney fees to three times the amount of compensatory damages awarded, except in cases where only nonmonetary relief is awarded or in cases involving both compensatory damages and nonmonetary relief. The bill does not place a limit on attorney fees in cases where only nonmonetary relief is awarded, so long as the court considers the factors set forth in the bill. In cases where both compensatory damages and nonmonetary relief is awarded, the bill sets forth a presumption that a reasonable attorney fee is not more than three times the amount of compensatory damages awarded, but allows a court to determine that a greater amount is reasonable if the court considers all of the factors set forth in the bill.

Who's behind it

4 lawmakers are its ⁠. 4 have no party on record.

4 more lawmakers ⁠.

See all 8 names

Authors (4)

  • Committee on Assembly Organization
  • Representative Vos
  • Senator Zipperer
  • by request of Governor Scott Walker

Signed on in support (4)

  • Darling and Galloway
  • LeMahieu, Craig, Jacque and Stroebel
  • Robin Vos · Republican, Assembly
  • Rich Zipperer · Republican, Senate

What happened

  1. Dec 13, 2011

    The session ended, and the bill died with it.

  2. Oct 21, 2011

    The committee held a public hearing.

  3. Oct 11, 2011

    5 more representatives and 3 senators signed on in support.

  4. Oct 11, 2011

    Sent to the Assembly Committee on Judiciary and Ethics.

  5. Oct 11, 2011

    Introduced in the Assembly.

See the official record, word for word
  1. Oct 11, 2011 · Assembly

    Introduced by committee on Assembly Organization, by request of Governor Scott Walker, Representative Vos, and Senator Zipperer

  2. Oct 11, 2011 · Assembly

    Read first time and referred to committee on Judiciary and Ethics

  3. Oct 11, 2011 · Assembly

    Representative Vos added as a coauthor

  4. Oct 11, 2011 · Assembly

    Senator Zipperer added as a cosponsor

  5. Oct 11, 2011 · Assembly

    Representatives LeMahieu, Craig, Jacque and Stroebel added as coauthors

  6. Oct 11, 2011 · Assembly

    Senators Darling and Galloway added as a cosponsors

  7. Oct 21, 2011 · Assembly

    Public hearing held

  8. Dec 13, 2011 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1

Terms on this page

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

More in the glossary

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

More in the glossary

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1. More in the glossary

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis. More in the glossary

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor. More in the glossary

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor. More in the glossary

From the Wisconsin Legislature's official record, checked Sep 15, 2026. See the source

Committee

A small group of lawmakers that looks at a bill first. Most bills never leave committee.

Public hearing

A meeting where anyone can speak to a committee about a bill, or send written comments.

Senate Joint Resolution 1

The session's calendar. Any bill not passed by its last voting day dies.

Official term: Failed to pass pursuant to SJR 1

Legislative Reference Bureau

The Legislature's nonpartisan office that drafts bills and writes the summary at the top of each one.

Official term: LRB analysis

Author

A lawmaker who formally puts a bill forward. The text itself is drafted by the Legislative Reference Bureau.

Official term: Author, coauthor

Signed on in support

Lawmakers who back a bill without being one of its authors, often from the other chamber.

Official term: Cosponsor