Aspen Serv., Inc. v. IT Corp., 1998 WL 300961 (Wis. App. 6/10/98). REDUCTION OF ATTORNEY'S FEES DUE (REASONABLE FEES AND INCIVILITY) - In the case at bar, the plaintiff-lessor recovered from the defendant-lessee for rent owed under an equipment lease and, pursuant to the lease, also recovered "reasonable attorney fees." The trial court found that plaintiff's counsel unreasonably refused to negotiate towards a settlement, acted with such incivility that the trial court was needlessly called upon to settle multiple discovery disputes, and acted unprofessionally in the court room towards the opposing council and sometimes the court. As such, the appeals court affirmed the trial court's reduction of the attorney fees and costs from $112,985 to $68,011. The reduction of attorney fees was described as a "sanction" for attorney misconduct which both penalizes the offender and deters future misconduct. Message to lessor lawyers: "Play Nice!"
Reduction of Attorney's Fees Due (Reasonable Fees and Incivility)
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