Consumer Protection — attorney fees

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Wisconsin Supreme Court

Civil

Consumer Protection — attorney fees

Where a defendant had no notice of a plaintiff’s agreement with his attorney, the plaintiff’s attorney cannot seek statutory attorney fees from the defendant, where the parties settled the case without their attorneys.

“We conclude that the statutory right to recover attorney’s fees belonged to Betz, and that Betz did not assign his right to recover those fees to Megna in their fee agreement. Because we conclude that Betz did not assign his right to recover statutory attorney’s fees to Megna, we must conclude that Diamond Jim’s could not have had notice of the assignment. As a result, we conclude that Megna may not seek statutory attorney’s fees directly from Diamond Jim’s, and that the settlement agreement entered into between Diamond Jim’s and Betz is clear, unambiguous, and enforceable. We therefore reverse the court of appeals.”

Reversed.

2012AP183 Betz v. Diamond Jim’s Auto Sales

Ziegler, J.

Attorneys: For Appellant: Megna, Vincent P., Milwaukee; Grzeskowiak, Susan M., Milwaukee; For Respondent: Drabot, Lawrence J., Milwaukee; Mills, Sara, Milwaukee