Record Supported Probate Court’s Reduction, With That Award Being 25% Higher Than Probate Examiner Recommendation.
Attorneys rendering services to a conservator can seek compensation from the court under Probate Code section 2640, with the ultimate fixing of the fee award residing in the discretion of the probate court.
In Conservatorship of Rawls, Case No. B244739 (2d Dist., Div. 3 Aug. 15, 2013 unpublished), attorneys representing a relatively short (three month) conservatorship asked for around $26,045 in fees, but were only awarded $16,000 by the probate court–notwithstanding that the probate examiner recommendation was $12,000.
Attorneys argued that the 38% reduction in the lodestar fee request was erroneous.
The argument did not prevail on appeal, given the deferential abuse of discretion standard at play. There is no statutory requirement that the lower court make specific findings on the fee award (Prob. Code, §§ 2640(a)(3), (c), 2642(b).) However, the record certainly showed a rationalization for the probate court’s ultimate decision: the conservatorship was relatively short lived in nature; no extraordinary services were described with requisite particularity (CRC 7.703(c)); and the lower court’s 25% “bump” from the probate examiner’s recommendation showed discretion was exercised.