Legal Opinion

Herro, McAndrews & Porter, S. C. v. Gerhardt

Wisconsin Supreme Court

Decided February 5, 1974No. 323PublishedCited by 50 opinions

1Opinion of the CourtHanley, J.

The sole issue to be determined on appeal is whether the attorney’s fees charged the appellant for services rendered in a prior divorce action were unreasonable and excessive and thus unenforceable.

It is established that courts have the inherent power to determine the reasonableness of attorney’s fees and to refuse to enforce any contract that calls for clearly excessive or unreasonable fees.1 Such inherent power of the court may be exercised either during the action from which the charges for attorney’s fees emanates 2 or in a subsequent suit on that contract for attorney’s services. This is…

2Cases cited10 opinions

  1. In Re Integration of the BarWisconsin Supreme Court · 1958
  2. Schmick EstateSupreme Court of Pennsylvania · 1944
  3. Touchett v. E Z Paintr Corp.Wisconsin Supreme Court · 1961
  4. Hennen v. HennenWisconsin Supreme Court · 1972
  5. Hutterli v. State Conservation CommissionWisconsin Supreme Court · 1967

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3Cited by50 opinions

  1. Standard Theatres, Inc. v. State, Department of TransportationWisconsin Supreme Court · 1984
  2. Flynn v. Department of AdministrationWisconsin Supreme Court · 1998
  3. Radlein v. Industrial Fire & Casualty InsuranceWisconsin Supreme Court · 1984
  4. Patrick v. Head of the Lakes Cooperative Electric Ass'nCourt of Appeals of Wisconsin · 1980
  5. Austin v. Ford Motor Co.Wisconsin Supreme Court · 1979

45 more not listed; retrieve them via the Exa API.

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