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Bills · Sep 2011 Special Session

SB 12

Became law Official bill text Atom feed

factors for determining the reasonableness of attorney fees.

  1. Introduced, completed
  2. Passes Senate, completed
  3. Passes Assembly, completed
  4. Governor signs, completed
  5. Law, completed

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan 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 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;

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.

Sponsors

Introduced by: Committee on Senate Organization , Representative Vos , Senator Zipperer , by request of Governor Scott Walker

4 cosponsors

Darling and Galloway , LeMahieu, Craig, Jacque and Stroebel , Vos (R) , Zipperer (R)

Votes

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

Passed 5–0 Oct 26, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 17–15 Oct 27, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 17–15 Oct 27, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Failed 15–17 Oct 27, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 17–15 Oct 27, 2011 official source full page

Not voting · 1

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

Passed 55–39 Nov 3, 2011 official source full page

Aye · 55

Nay · 39

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

Passed 59–36 Nov 3, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

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

Passed 58–37 Nov 3, 2011 official source full page

No individual roll call was recorded for this vote. Committee votes and some older sessions record totals only.

Full history

  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

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

  11. Oct 26, 2011 · Senate

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

  12. Oct 26, 2011 · Senate

    Available for scheduling

  13. Oct 26, 2011 · Senate

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

  14. Oct 26, 2011 · Senate

    Executive action taken

  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