Thompson v. Ouellette, 2023 WI App 7, 406 Wis. 2d 99, 986 N.W.2d 338: Newly enacted Wis. Stats § 895.044(5) retains the longstanding rule that sanctions for a frivolous appeal will not be awarded unless the entire appeal is frivolous.
Chapter 767 does not prohibit civil sanctions for frivolous proceedings under Wis. Stat. §802.05. Trial court reversed by applying the requirements of Holbrook, rather than the civil law requirements.
Failing to accept an offer of settlement is not a factor to deny a contribution to attorney fees.
Contingent fees are improper in divorce, taking into account results obtained does not make it an improper contingent fee.
Florida adopts lodestar method for determination of attorney fees.
$500,000 attorney fee was reasonable, as only attorneys with extraordinary skill and specialize experience would have been able to properly manage that case.
In determining the reasonable value of attorney’s fees for services rendered, the proper factors to be considered are the amount and character of the services rendered, the labor, the time, and trouble involved, the character and importance of the litigation, the amount of money or value of the property affected, the professional skill and experience called for, and the standing of the attorney in his profession; to which may be added the general ability of the client to pay and the pecuniary benefit derived from the services.
Client in executing a written agreement did not contractually bind herself to pay an “additional” fee and, therefore, cannot be liable for a breach of contract action when she refused to pay such a fee.
Fee well in excess of attorney’s hourly charges based on achieving good results is affirmed.
Award of attorney fees affirmed even though wife was represented for free by a non-profit legal services organization.