2010AP276 Ziolkowski Patent Solutions Group, S.C., v. Great Lakes Dart Manufacturing, Inc.

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Contracts
Attorneys; interest

A law firm is not entitled to 18 percent interest on its unpaid legal bills when its attorney fee retainer agreement was silent on interest.

“Attorneys have a burden to clearly draft their legal fee agreements. Gorton v. Hostak, Henzl & Bichler, S.C., 217 Wis. 2d 493, 508, 577 N.W.2d 617 (1998). Wisconsin’s Rules of Professional Conduct for Attorneys require that the ‘scope of the representation and the basis or rate of the fee and expenses for which the client will be responsible shall be communicated to the client in writing.’ SCR 20:1.5(b)(1) (2010).

Ziolkowski’s engagement letter reserved the right to withdraw from representation if its fees were not paid, but it did not provide for a penalty for late payments. An attorney may not add a material term to a fee agreement without the express agreement of his client. The formation of a valid contract requires a meeting of the minds on all essential points. Laney v. Ricardo, 169 Wis. 267, 271, 172 N.W. 141 (1919). Ziolkowski and GLD did not agree on the issue of penalties for late payment fees and Ziolkowski may not unilaterally add an interest charge on its invoices.”

Affirmed in part and Reversed in part.

Recommended for publication in the official reports.

2010AP276 Ziolkowski Patent Solutions Group, S.C., v. Great Lakes Dart Manufacturing, Inc.

Dist. II, Ozaukee County, Williams, J., Reilly, J.

Attorneys: For Appellant: Cincotta, Joseph, Milwaukee; For Respondent: Kolb, Christopher T., Milwaukee

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