Bill would regulate attorneys’ fees in some civil cases

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A Wisconsin lawmaker plans to introduce a bill that will regulate the amount attorneys can collect in some civil cases.

Sen. Rich Zipperer, R-Pewaukee, is proposing a series of criteria for judges to use in determining reasonable attorneys’ fees and also wants to cap the amount at three times the compensatory damages awarded to a client.

According to a draft of the bill, which has yet to be introduced, judges would evaluate elements — such as the time invested by a lawyer in the case, the complexity of proceedings and fees granted in similar cases — to determine a reasonable fee.

Zipperer could not immediately be reached for comment.

Milwaukee County Circuit Court Judge Maxine White said generally courts rely on prior history with cases to determine appropriate fees.

In more complex civil cases, such as product liability actions, she said attorneys have submitted affidavits to the court in support of reasonable attorneys’ fees that should be paid.

“I’ve had a few of those where there was a real battle over what the appropriate hourly rate was,” White said. “Generally, those are driven by affidavits from others in the marketplace to make an argument before the court.”

The bill also limits attorneys’ fees to three times the amount of compensatory damages awarded, except in cases where only non-monetary relief is awarded or in cases involving both compensatory damages and nonmonetary relief.

The bill would not limit attorneys’ fees in cases where only nonmonetary relief is awarded, if the court considers the factors for reasonableness outlined in the legislation.