Walker set to sign 2 bills into law affecting legal community (UPDATE)

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Gov. Scott Walker is expected to sign a series of bills into law Wednesday afternoon, including two that will directly affect the legal community.

Special Session Senate Bill 12 provides guidelines for judges to consider when determining the reasonableness of attorneys’ fees. Judges will need to consider factors such as time and labor requirements and the difficulty of a case, when determining reasonable attorney fees.

The law also stipulates that when compensatory damages are awarded, the judges shall presume that reasonable attorney fees may not exceed three times the amount of the damages awarded. The law 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.

Special Session Senate Bill 22 stipulates that private property owners owe no duty of care to trespassers and cannot be liable for unintentional acts that cause injury or death to the trespasser.

However, the property owner may be liable if he or she recklessly causes injury or death to a trespasser. The new law also codifies liability exemptions for actions against trespassers that are children and allows the court to take into account whether or not a trespasser had implied consent to enter the property.