836.42 Amount of time expended

LIRC declined to require the Respondent to pay the attorney fees for two separate attorneys at the law firm. The Complainant’s attorneys did not provide any reason why a second chair should be paid. Gilbertson v. Wingra Redi-Mix, Inc. (LIRC, 12/10/20), aff'd sub nom. Wingra Redi-Mix v. LIRC (Dane Co. Cir. Ct. 10/12/21), appealed 11-23-21 and awaiting decision as of 5-10-23.

The attorney fee applicant bears the burden of documenting the appropriate hours expended. Counsel should at least identify the general subject matter of time expenditures. Roytek v. Hutchinson Tech. (LIRC, 02/15/05).

There is no precedent for comparing the Complainant’s attorneys fees to those of the Respondent’s attorney, and the question of how many hours are reasonably expended on litigation in any given case is not adjudged on that basis. The Administrative Law Judge has experience in evaluating how many hours are reasonably expended on litigation in an Equal Rights case. Fields v. Cardinal TG Co. (LIRC, 02/16/01).

Where the documentation of hours is inadequate, the attorney’s fee award may be reduced accordingly. Overly general listed activities may be disallowed because they provide no means of evaluating the reasonableness of the activity. Bond v. Michael’s Family Rest. (LIRC, 03/30/94).

An award of attorney fees may be reduced where the documentation of hours is inadequate. Counsel should at least identify the general subject matter of time expenditures. Overly general listed activities that provide no indication as to the subject matter of the task provide no means of evaluating the reasonableness of the activity. Where activities are grouped, time should be appropriately apportioned. Olson v. Phillips Plating (LIRC, 02/11/92).