Wis. Stat. » CHAPTER 814 — COURT COSTS, FEES, AND SURCHARGES
Wisconsin Statutes

Wis. Stat. § 814.045 (2026)

Attorney fees; reasonableness

✓ current as of July 2026
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814.045814.045 Attorney fees; reasonableness.
814.045(1)(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:
814.045(1)(a)(a) The time and labor required by the attorney.
814.045(1)(b)(b) The novelty and difficulty of the questions involved in the action.
814.045(1)(c)(c) The skill requisite to perform the legal service properly.
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814.045(1)(d)(d) The likelihood that the acceptance of the particular case precluded other employment by the attorney.
814.045(1)(e)(e) The fee customarily charged in the locality for similar legal services.
814.045(1)(f)(f) The amount of damages involved in the action.
814.045(1)(g)(g) The results obtained in the action.
814.045(1)(h)(h) The time limitations imposed by the client or by the circumstances of the action.
814.045(1)(i)(i) The nature and length of the attorney’s professional relationship with his or her client.
814.045(1)(j)(j) The experience, reputation, and ability of the attorney.
814.045(1)(k)(k) Whether the fee is fixed or contingent.
814.045(1)(L)(L) The complexity of the case.
814.045(1)(m)(m) Awards of costs and fees in similar cases.
814.045(1)(n)(n) The legitimacy or strength of any defenses or affirmative defenses asserted in the action.
814.045(1)(p)(p) Other factors the court deems important or necessary to consider under the circumstances of the case.
814.045(2)(2) 
814.045(2)(a)(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.
814.045(2)(b)(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).
814.045(3)(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.
814.045 HistoryHistory: 2011 a. 92.
814.045 AnnotationDetermining Reasonable Attorney Fees. Dudley & Colbert. Wis. Law. Oct. 2012.
Notes of Decisions
Cited in 19 cases (13 in the last 5 years), 2014–2026 · leading case: McConley v. T. C. Visions, Inc., 2016 WI App 74 (Wis. Ct. App. 2016).
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McConley v. T. C. Visions, Inc., 2016 WI App 74 (Wis. Ct. App. 2016). · cites it 4× “Visions' motion seeks an order granting attorney fees under Wis. Stat. § 814.045 . That provision is not a fee-shifting statute.”
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). · cites it 25× “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
Est. of Jolene J. Shea v. Meridian Senior Living, LLC (Wis. Ct. App. 2025). · cites it 14× “§ 814.045 under the circumstances of this case.”
Michael Burton v. Karl Evald Auleciems (Wis. Ct. App. 2025). · cites it 8× “§ 814.045 provides as follows: (1) Subject to sub.”
Alex Molinaroli v. Stacy J. Miller (Wis. Ct. App. 2021). · cites it 4× “§ 814.045 (2017-18).1 Alex Molinaroli cross-appeals the same trial court order arguing there was insufficient evidence to support the damages awards against him.”
Brandon Henchey v. Wausau Landmark Corp. (Wis. Ct. App. 2023). · cites it 4× “§ 814.045. See 2011 Wis. Act 92, § 1. That statute provides that, in any action involving a dispute over the reasonableness of attorney fees, a court shall consider all of the following factors: (a) The time and labor required by the attorney.”
Landmark Credit Union v. Ralph W. Streuly (Wis. Ct. App. 2025). · cites it 4× “However, the court also determined, after considering the factors listed in § 814.045(1), that an award of attorney fees beyond the presumptive cap was reasonable: [Streuly’s counsel] asks for in excess of $85,000.”
Landmark Credit Union v. Ralph W. Streuly (Wis. Ct. App. 2025). · cites it 4× “However, the court also determined, after considering the factors listed in § 814.045(1), that an award of attorney fees beyond the presumptive cap was reasonable: [Streuly’s counsel] asks for in excess of $85,000.”
Danielle J. Armstrong v. Jill Gilbert Welytok (Wis. Ct. App. 2026). · cites it 3× “045(2)(a), which generally limits an award of “reasonable attorneys’ fees” to no more than three times the amount of the compensatory damages award unless “the court determines … that a greater amount is reasonable” after considering fifteen enumerated statutory factors in §…”
Ozaukee Cnty. Dep't of Human Servs. v. S. S. Z. (In re S.S.Z.), 921 N.W.2d 524 (Wis. Ct. App. 2018). · cites it 2× “46 (3)(c) allows fee awards without regard to their reasonableness, we affirm the court's action because it did go on to consider reasonableness under Wis. Stat. § 814.045 (1)(a)-(p). The County refused T.”
Meyer Farms Inc. v. Mike Endries (Wis. Ct. App. 2024). · cites it 2× “045(2)(a) (emphasis added); see also § 814.045 generally and WIS. STAT. § 814.”
Burlington Graphic Sys., Inc. v. Dep't of Workforce Dev., 2015 WI App 11 (Wis. Ct. App. 2014). · cites it 2× “2 Relevant to this appeal, Burlington argued that the award of attorney fees was not reasonable as Alvarez was unsuccessful in her request for back pay due to her undocumented status. The circuit court denied Burlington's petition except as it related to the amount awarded in…”
Show all 19 citing cases →
— Wis. Stat. § 814.045(1) — 11 cases
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
Est. of Jolene J. Shea v. Meridian Senior Living, LLC (Wis. Ct. App. 2025). “§ 814.045 under the circumstances of this case.”
Brandon Henchey v. Wausau Landmark Corp. (Wis. Ct. App. 2023). “§ 814.045. See 2011 Wis. Act 92, § 1. That statute provides that, in any action involving a dispute over the reasonableness of attorney fees, a court shall consider all of the following factors: (a) The time and labor required by the attorney.”
Michael Burton v. Karl Evald Auleciems (Wis. Ct. App. 2025). “§ 814.045 provides as follows: (1) Subject to sub.”
Jeffrey A. Riggert v. John H. Reed (Wis. Ct. App. 2019).
— Wis. Stat. § 814.045(1)(e) — 1 case
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
— Wis. Stat. § 814.045(2) — 2 cases
Brandon Henchey v. Wausau Landmark Corp. (Wis. Ct. App. 2023). “§ 814.045. See 2011 Wis. Act 92, § 1. That statute provides that, in any action involving a dispute over the reasonableness of attorney fees, a court shall consider all of the following factors: (a) The time and labor required by the attorney.”
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
— Wis. Stat. § 814.045(2)(a) — 8 cases
Est. of Jolene J. Shea v. Meridian Senior Living, LLC (Wis. Ct. App. 2025). “§ 814.045 under the circumstances of this case.”
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
Alex Molinaroli v. Stacy J. Miller (Wis. Ct. App. 2021). “§ 814.045 (2017-18).1 Alex Molinaroli cross-appeals the same trial court order arguing there was insufficient evidence to support the damages awards against him.”
Landmark Credit Union v. Ralph W. Streuly (Wis. Ct. App. 2025). “However, the court also determined, after considering the factors listed in § 814.045(1), that an award of attorney fees beyond the presumptive cap was reasonable: [Streuly’s counsel] asks for in excess of $85,000.”
Landmark Credit Union v. Ralph W. Streuly (Wis. Ct. App. 2025). “However, the court also determined, after considering the factors listed in § 814.045(1), that an award of attorney fees beyond the presumptive cap was reasonable: [Streuly’s counsel] asks for in excess of $85,000.”
— Wis. Stat. § 814.045(2)(b) — 1 case
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
— Wis. Stat. § 814.045(3) — 1 case
Alden Assocs. v. Jacki Curry (Wis. Ct. App. 2024). “A circuit court considering a request for attorney fees under § 814.045 must consider numerous factors under subsec.”
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