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Bills from the Sep 2011 Special Session

Senate Bill 12

Factors for determining the reasonableness of attorney fees

Became law

The governor signed it on Dec 8, 2011. It's ⁠.

  1. Introduced, passed

    Oct 11, 2011

  2. Committee, passed

    Approved

  3. Senate vote, passed

    Passed Oct 27, 2011

  4. Assembly vote, passed

    Passed 55 to 39

  5. Governor, passed

    Signed

  6. Law, here now

    2011 Wisconsin Act 92

Latest entry in the official record, Dec 12, 2011: “Published 12-20-2011”

Read the bill

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What it does

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 Senate 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

Versions and amendments

Every text the Legislature printed for this bill, including proposed changes. Each opens on the Legislature's site.

How lawmakers voted

There were 8 votes on this bill.

Senate Committee on Judiciary vote on an amendment

Passed, 5 to 0 · Oct 26, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Report adoption of Senate Amendment 2 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 15 · Oct 27, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 4 laid on table, Ayes 17, Noes 15”. Official record · This vote on its own page

Senate vote on an amendment

Passed, 17 to 15 · Oct 27, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Senate amendment 5 laid on table, Ayes 17, Noes 15”. Official record · This vote on its own page

Senate vote on an amendment

Failed, 15 to 17 · Oct 27, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Failed to reconsider vote by which Senate amendment 6 failed to be adopted, Ayes 15, Noes 17”. Official record · This vote on its own page

Senate vote to pass it

Passed, 17 to 15 · Oct 27, 2011 · 1 didn't vote

See how each of the 33 senators voted

D: Democrat, R: Republican

Didn't vote (1)

Official motion: “Read a third time and passed, Ayes 17, Noes 15”. Official record · This vote on its own page

Assembly vote to pass it

Passed, 55 to 39 · Nov 3, 2011

See how each of the 94 representatives voted

D: Democrat, I: Independent, R: Republican

Yes (55)

No (39)

Official motion: “Read a third time and concurred in, Ayes 55, Noes 39”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 59 to 36 · Nov 3, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly amendment 2 laid on table, Ayes 59, Noes 36”. Official record · This vote on its own page

Assembly vote on an amendment

Passed, 58 to 37 · Nov 3, 2011

No member-by-member record exists for this vote. Committee votes and some older sessions record totals only.

Official motion: “Assembly substitute amendment 1 laid on table, Ayes 58, Noes 37”. Official record · This vote on its own page

What happened

  1. Dec 12, 2011

    The new law was published.

  2. Dec 8, 2011

    The governor signed it. It became 2011 Wisconsin Act 92.

  3. Dec 6, 2011

    Sent to the governor.

  4. Nov 3, 2011

    The Assembly passed it too, 55 to 39.

  5. Nov 1, 2011

    “Read first time and referred to calendar 11-3-2011 pursuant to Assembly Rule 93” (the official wording)

  6. Nov 1, 2011

    The Assembly received it.

  7. Oct 27, 2011

    The Senate passed it, 17 to 15.

  8. Oct 27, 2011

    The Senate adopted it, 15 to 17.

  9. Oct 27, 2011

    The Senate adopted it.

  10. Oct 27, 2011

    “Placed at the foot of the calendar of 10-27-2011” (the official wording)

  11. Oct 27, 2011

    The Senate adopted it.

  12. Oct 26, 2011

    The committee voted to recommend passing it, 3 to 2.

  13. Oct 26, 2011

    “Report adoption of Senate Amendment 2 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0” (the official wording)

  14. Oct 19, 2011

    The committee held a public hearing.

  15. Oct 11, 2011

    5 more representatives and 3 senators signed on in support.

  16. Oct 11, 2011

    Sent to the Senate Committee on Judiciary, Utilities, Commerce, and Government Operations.

  17. Oct 11, 2011

    Introduced in the Senate.

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

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

  2. Oct 11, 2011 · Senate

    Read first time and referred to committee on Judiciary, Utilities, Commerce, and Government Operations

  3. Oct 11, 2011 · Senate

    Senator Zipperer added as a coauthor

  4. Oct 11, 2011 · Senate

    Representative Vos added as a cosponsor

  5. Oct 11, 2011 · Senate

    Senators Darling and Galloway added as coauthors

  6. Oct 11, 2011 · Senate

    Representatives LeMahieu, Craig, Jacque and Stroebel added as a cosponsors

  7. Oct 19, 2011 · Senate

    Public hearing held

  8. Oct 25, 2011 · Senate

    Senate amendment 1 offered by Senator Zipperer

  9. Oct 25, 2011 · Senate

    Senate amendment 2 offered by Senator Zipperer

  10. Oct 26, 2011 · Senate

    Executive action taken

  11. Oct 26, 2011 · Senate

    Report adoption of Senate Amendment 2 recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 5, Noes 0

  12. Oct 26, 2011 · Senate

    Report passage as amended recommended by committee on Judiciary, Utilities, Commerce, and Government Operations, Ayes 3, Noes 2

  13. Oct 26, 2011 · Senate

    Available for scheduling

  14. Oct 26, 2011 · Senate

    Placed on calendar 10-27-2011 pursuant to Senate Rule 18(1)

  15. Oct 27, 2011 · Senate

    Read a second time

  16. Oct 27, 2011 · Senate

    Senate amendment 2 adopted

  17. Oct 27, 2011 · Senate

    Placed at the foot of the calendar of 10-27-2011

  18. Oct 27, 2011 · Senate

    Senate amendment 3 offered by Senator Grothman

  19. Oct 27, 2011 · Senate

    Senate amendment 3 withdrawn and returned to author

  20. Oct 27, 2011 · Senate

    Senate amendment 4 offered by Senators Risser, Taylor, King, Miller, Hansen and Lassa

  21. Oct 27, 2011 · Senate

    Senate amendment 4 laid on table, Ayes 17, Noes 15

  22. Oct 27, 2011 · Senate

    Senate amendment 5 offered by Senators Risser, Taylor, King, Miller, Hansen and Lassa

  23. Oct 27, 2011 · Senate

    Senate amendment 5 laid on table, Ayes 17, Noes 15

  24. Oct 27, 2011 · Senate

    Senate amendment 6 offered by Senator Grothman

  25. Oct 27, 2011 · Senate

    Refused to adopt Senate amendment 6

  26. Oct 27, 2011 · Senate

    Ordered to a third reading

  27. Oct 27, 2011 · Senate

    Rules suspended

  28. Oct 27, 2011 · Senate

    Motion for reconsideration of the vote by which Senate amendment 6 failed to be adopted offered

  29. Oct 27, 2011 · Senate

    Failed to reconsider vote by which Senate amendment 6 failed to be adopted, Ayes 15, Noes 17

  30. Oct 27, 2011 · Senate

    Read a third time and passed, Ayes 17, Noes 15

  31. Oct 27, 2011 · Senate

    Ordered immediately messaged

  32. Nov 1, 2011 · Assembly

    Received from Senate

  33. Nov 1, 2011 · Assembly

    Read first time and referred to calendar 11-3-2011 pursuant to Assembly Rule 93

  34. Nov 3, 2011 · Assembly

    Read a second time

  35. Nov 3, 2011 · Assembly

    Assembly substitute amendment 1 offered by Representatives Staskunas and Hebl

  36. Nov 3, 2011 · Assembly

    Assembly substitute amendment 1 laid on table, Ayes 58, Noes 37

  37. Nov 3, 2011 · Assembly

    Assembly amendment 1 offered by Representatives Staskunas and Hebl

  38. Nov 3, 2011 · Assembly

    Assembly amendment 1 withdrawn and returned to author

  39. Nov 3, 2011 · Assembly

    Assembly amendment 2 offered by Representative Roys

  40. Nov 3, 2011 · Assembly

    Assembly amendment 2 laid on table, Ayes 59, Noes 36

  41. Nov 3, 2011 · Assembly

    Ordered to a third reading

  42. Nov 3, 2011 · Assembly

    Rules suspended

  43. Nov 3, 2011 · Assembly

    Read a third time and concurred in, Ayes 55, Noes 39

  44. Nov 3, 2011 · Assembly

    Ordered immediately messaged

  45. Nov 4, 2011 · Senate

    Received from Assembly concurred in

  46. Nov 9, 2011 · Senate

    Report correctly enrolled on 11-9-2011

  47. Dec 6, 2011 · Senate

    Presented to the Governor on 12-5-2011

  48. Dec 8, 2011 · Senate

    Report approved by the Governor on 12-7-2011. 2011 Wisconsin Act 92

  49. Dec 12, 2011 · Senate

    Published 12-20-2011

Terms on this page

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act. 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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote. More in the glossary

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

Wisconsin Act

The number a bill gets when it becomes law, like 2025 Wisconsin Act 12.

Official term: Act

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

Roll call

A vote where each lawmaker's yes or no is recorded by name.

Official term: Roll call vote

More in the glossary