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Wis. Stat. § 425.308

Reasonable attorney fees

Applied in 16 court decisions — leading case 228 Wis. 2d 1 - Kett v. Community Credit Plan, Inc. (1999)

Most recently applied in 386 Wis. 2d 388 - Security Finance v. Brian Kirsch (April 2019)

1971 c. 239; 1991 a. 316; 1993 a. 490

How often courts cite this section

1983199020002010201930
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) If the customer prevails in an action arising from a consumer transaction, the customer shall recover the aggregate amount of costs and expenses determined by the court to have been reasonably incurred on the customer’s behalf in connection with the prosecution or defense of such action, together with a reasonable amount for attorney fees.

(2) The award of attorney fees shall be in an amount sufficient to compensate attorneys representing customers in actions arising from consumer transactions. In determining the amount of the fee, the court may consider:

(a) The time and labor required, the novelty and difficulty of the questions involved and the skill requisite properly to conduct the cause;

(b) The customary charges of the bar for similar services;

(c) The amount involved in the controversy and the benefits resulting to the client or clients from the services;

(d) The contingency or the certainty of the compensation;

(e) The character of the employment, whether casual or for an established and constant client; and (f) The amount of the costs and expenses reasonably advanced by the attorney in the prosecution or defense of the action.

Official source: Wisconsin State Legislature. Reproduced from public-domain Wisconsin statutes; confirm against the official source for the current text. Not legal advice.