Attorney Fees

"In the absence of a statute or contract that authorizes payment of attorney fees to the prevailing party, Wisconsin follows the American Rule that each party bears its own attorney fees. Trinity Petroleum, Inc. v. Scott Oil Co., Inc. 302 Wis.2d 299, 356, 735 N.W.2d 1, 29 (Wis. 2007).

Most leasing contracts provide for recovery of ""reasonable"" attorney fees. Among the factors to be considered by courts when determining what is reasonable are (1) the amount and type of services rendered; (2) the time, labor and trouble involved; (3) the professional skill and experience called for; (4) the standing of the attorney; and (5) the general ability of the client to pay and the pecuniary benefit derived. Pierce v. Norwick, 202 Wis. 2d 587, 597, 550 N.W.2d 451, 455 (Wis. Ct. App. 1996)."

It is recommended that a contractual provision for recovery of attorney fees specifically state, in words similar to the following, that a lessor may recover "all reasonable attorney fees and expenses incurred both before and after judgment and in connection with any bankruptcy or insolvency proceeding in involving the lessee." In the absence of a statute or contractual agreement for attorney fees, a minimal amount is generally recoverable as part of statutory costs under Wis. Stat. § 814.04(1). When the amount recovered or the value of the property involved is greater than $5,000, attorney fees shall be $500; when it is equal to or less than $5,000, but is $1,000 or more, attorney fees shall be $300; when it is less than $1,000, attorney fees shall be $100. In all other cases in which there is no amount recovered or that do not involve property, attorney fees shall be $300. Wis. Stat. § 814.04(1).