Attorney Appealed Reduction With Only Speculation As To How The Probate Court Reached Amount Awarded – Providing No Reporter’s Transcript Or Settled Statement On Appeal.
In Conservatorship and Estate of Bessard, Case No. A156773 (1st Dist., Div. 2 January 29, 2021) (unpublished), an attorney who had been appointed by the probate court to represent a 92-year-old proposed conservatee sought fees for her services after the probate court granted her petition to have a private professional fiduciary conservator appointed as conservator of the person and estate for the proposed conservatee.
Specifically, the attorney sought $73,400 in fees and $2,099.41 in costs, and conservatee’s daughter opposed – challenging the reasonableness of approximately $30,000 of the attorney fees and costs requested by attorney, and proposing an additional reduction of approximately $13,700 based on an hourly rate of $325 rather than $400. Additionally, daughter noted the small size of conservatee’s estate and that conservatee’s monthly income was approximately $1,200. After rounds of briefing and a hearing, the probate court took the matter under submission – ultimately awarding attorney $46,500 in fees and $2,055.41 in costs.
Attorney appealed – arguing that the trial court abused its discretion when it reduced her attorney fees request by $26,900. However, as she provided no reporter’s transcript or settled statement on appeal, she could only speculate as to how the probate court reached the fee award. As such, the 1/2 DCA had no basis to find error and affirmed – noting the burden is on the appellant to establish error.
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