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Lyman Lumber of Wisconsin3/29/2005
or interest on amounts due and unpaid. We would be rewriting the contract between the parties if we denied preverdict interest on the amount the [court] determined was due [Lyman]." See Deering, 161 Wis. 2d at 731.
. The contract provides that interest accrues when amounts become due but are unpaid. The final bill was submitted on June 12, 2001-the date of substantial completion-in accord with the contract. The trial court therefore properly awarded interest starting June 12, 2001, but inexplicably suspended it during the pendency of the action. The suspension was in error and is therefore reversed. The cause will be remanded for a computation of the correct amount of interest due.
Attorney Fees
. Finally, Lyman complains that the trial court erred in reducing the hourly rate its attorney charged to a rate commensurate with the prevailing hourly rates in Burnett County. The rate reduction lowered Lyman's total attorney fee award by almost $17,000.
. When a trial court awards attorney fees, the amount of the award is left to the discretion of the court. Kolupar v. Wilde Pontiac Cadillac, Inc., 2004 WI 112, , 275 Wis. 2d 1, 683 N.W.2d 58. We uphold the court's determination unless it erroneously exercised its discretion. Id. Although there is a contract in this case for "actual" fees, it is always appropriate for the court to review a bill submitted for reasonableness: " he burden of proof is upon the attorney submitting the fees to prove the reasonableness of a fee when it is questioned." See Standard Theatres, Inc. v. DOT, 118 Wis. 2d 730, 748, 349 N.W.2d 661 (1984). This is because attorneys practicing in this state have an ethical obligation to charge reasonable fees. See Kolupar, 275 Wis. 2d 1, ; SCR 20:1.5.
. The supreme court has endorsed the factors set forth in SCR 20:1.5(a) and encourages courts to use these factors when evaluating fees. These factors are:
(1) the time and labor required, the novelty and difficulty of the questions involved, and the skill requisite to perform the legal service properly;
(2) the likelihood, if apparent to the client, that the acceptance of the particular employment will preclude other employment by the lawyer;
(3) the fee customarily charged in the locality for similar legal services;
(4) the amount involved and the results obtained;
(5) the time limitations imposed by the client or by the circumstances;
(6) the nature and length of the professional relationship with the client;
(7) the experience, reputation, and ability of the lawyer or lawyers performing the services; and
(8) whether the fee is fixed or contingent.
. Lyman asserts its attorney's hourly rate averaged $175. The court made no finding of Lyman's attorney's rate, but noted:
he Court is satisfied that the amount and character of the services rendered were comprehensive and skillful. The labor and time involved were both significant. The litigation was time-consuming, important, and presented numerous legal issues. The value of the amount in controversy was significant and the attorney has significant experience.
An additional factor, however, considered by the Touchett Court was the area in which the legal services were performed. ... In Burnett County, it is generally considered that legal fees in the amount of $125.00 per hour for out of court work attorney's fees and $150.00 per hour for in-court work are reasonable.
As a result, the court reduced Lyman's $60,267.80 bill to $43,301.25.
. Despite findings that Lyman's attorney was significantly experi
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