836.15 A party’s right to attorney’s fees and costs where the party was not charged for legal services

The Complainant refused to pay the Department of Employment Relations and the Division of Merit Recruitment and Selection the money he was ordered to pay towards their attorney’s fees as a discovery sanction in his proceeding before the Wisconsin Personnel Commission. The Complainant argued that a sanction compensating the State for attorney’s fees was inappropriate because, by relying on the services of an attorney already within its employment, a state agency was in essence proceeding pro se and did not incur any additional fees for legal counsel’s services. This argument was rejected. The fact that legal counsel is permanently employed by an entity does not mean that a reasonable amount of compensation for the time counsel spent on one particular matter cannot be fairly calculated for purposes of a discovery violation sanction. State of Wis. v. Balele (Ct. App., Dist. IV, unpublished opinion, 07/18/02).

A prevailing Complainant who was represented by a non-profit legal organization may receive an award of attorney's fees for legal representation. Richland Sch. Dist. v. DILHR, 174 Wis. 2d 878, 498 N.W.2d 826 (1993).

A Complainant’s request for attorney’s fees should not be denied because the attorney did not bill the Complainant for attorney's fees. Legal services attorneys are entitled to be compensated for their representation of a prevailing Complainant. An award of attorney’s fees to a prevailing Complainant promotes the purpose of the Act to discourage discriminatory practices in employment and to deter employers from engaging in prohibited conduct. Ray v. Ramada Inn-Sands West (LIRC, 03/05/91).

A prevailing Complainant who is represented by a legal services attorney is entitled to attorneys fees just the same as one who has retained a private attorney providing the same type of representation. Stark v. C & C Liquidators (LIRC, 11/27/84).