Ch. 814: Court Costs, Fees, and Surcharges · Last amended 2011 · Last verified July 15, 2026
In one sentenceSection 814.045 lists the factors a court must weigh to decide whether attorney fees are reasonable in cases outside the fixed fees of section 814.04(1), presumes fees over three times a compensatory damages award are unreasonable, and presumes a client’s own fee agreement with counsel is reasonable.
(1)Subject to sub. (2), in any action involving the award of attorney fees that are not governed by s. 814.04 (1) or involving a dispute over the reasonableness of attorney fees, the court shall, in determining whether to award attorney fees and in determining whether the attorney fees are reasonable, consider all of the following:
(a)The time and labor required by the attorney.
(b)The novelty and difficulty of the questions involved in the action.
(c)The skill requisite to perform the legal service properly.
(d)The likelihood that the acceptance of the particular case precluded other employment by the attorney.
(e)The fee customarily charged in the locality for similar legal services.
(f)The amount of damages involved in the action.
(g)The results obtained in the action.
(h)The time limitations imposed by the client or by the circumstances of the action.
(i)The nature and length of the attorney’s professional relationship with his or her client.
(j)The experience, reputation, and ability of the attorney.
(k)Whether the fee is fixed or contingent. (L) The complexity of the case. (m) Awards of costs and fees in similar cases. (n) The legitimacy or strength of any defenses or affirmative defenses asserted in the action. (p) Other factors the court deems important or necessary to consider under the circumstances of the case.
(2)(a) In any action in which compensatory damages are awarded, the court shall presume that reasonable attorney fees do not exceed 3 times the amount of the compensatory damages awarded but this presumption may be overcome if the court determines, after considering the factors set forth in sub. (1), that a greater amount is reasonable. (b) In any action in which compensatory damages are not awarded but injunctive or declaratory relief, rescission or modification, or specific performance is ordered, reasonable attorney fees shall be determined according to the factors set forth in sub. (1).
(3)This section does not abrogate the rights of persons to enter into an agreement for attorney fees, and the court shall presume that such an agreement is reasonable.
Plain-English Summary
Where an award of attorney fees is not governed by the fixed amounts in section 814.04 (1), or where the reasonableness of attorney fees is disputed, section 814.045 requires the court to consider a detailed list of factors in deciding both whether to award fees and whether the fees are reasonable. Those factors include the time and labor the attorney’s work required, the novelty and difficulty of the questions involved, the skill the work demanded, whether taking the case precluded other employment, the customary local fee for similar work, the amount of damages involved, the results obtained, any time limits imposed by the client or the circumstances, the length and nature of the attorney-client relationship, the attorney’s experience, reputation, and ability, whether the fee is fixed or contingent, the case’s complexity, awards in similar cases, the strength of any defenses raised, and any other factor the court considers important.
Where compensatory damages are awarded, the court presumes that reasonable attorney fees do not exceed three times that award, though the presumption can be overcome if the court finds, after weighing the same factors, that a greater amount is reasonable. Where no compensatory damages are awarded but the court instead orders injunctive or declaratory relief, rescission or modification, or specific performance, reasonable attorney fees are determined by those factors alone, without the three-times benchmark.
Section 814.045 does not take away a person’s right to agree with an attorney on fees by contract, and the court presumes that such an agreement is reasonable.
Frequently Asked Questions
When does this multi-factor reasonableness test apply instead of the flat fees in section 814.04?
Whenever the attorney fees involved are not governed by section 814.04 (1), or whenever there is a dispute over the reasonableness of attorney fees.
What factors does a court weigh to decide if attorney fees are reasonable?
Section 814.045 (1) lists factors including the time and labor required, the difficulty of the questions, the attorney’s skill and experience, the customary local fee, the results obtained, the case’s complexity, and whether the fee is fixed or contingent, among others.
Is there a cap on attorney fees when compensatory damages are awarded?
The court presumes reasonable fees do not exceed three times the compensatory damages awarded, though that presumption can be overcome if the listed factors show a greater amount is reasonable.
What standard applies when a case ends in an injunction rather than damages?
Where compensatory damages are not awarded but injunctive or declaratory relief, rescission or modification, or specific performance is ordered, reasonable attorney fees are determined according to the section 814.045 (1) factors alone.
Does this section let a court override a client’s fee agreement with an attorney?
No. Section 814.045 does not take away the right to contract for attorney fees, and the court presumes such an agreement is reasonable.
Amendment History
History: 2011 a. 92.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
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