Conservatorship of Levitt

Appellant Marc B. Hankin is a recognized leader in the field of elder law and the drafter of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst. Code, § 15600 et seq.). (1 Cal. Elder Law (Cont.Ed.Bar 1995) p. xiii.) He represented professional conservator Frumeh Labow in successfiil efforts to protect the modest estates of Joel M. Levitt and Peggy Page. In response to Hankin’s request for attorney’s fees in the two matters, the trial court praised Hankin’s work but awarded approximately 15 percent less than he had requested in each case, citing among other things the size of the estates involved. Hankin appeals from the awards, arguing that fee reduction based on the size of an estate is bad policy and will dissuade attorneys from undertaking representation of middle-income elders who are being subjected to physical and financial abuse. We do not question the need to protect elders such as Levitt and Page nor the social value of Hankin’s efforts. Nevertheless, Hankin’s appellate issue must be assessed by the standard of abuse of discretion. We find no abuse. Accordingly, we affirm.

*546 Background

1. Conservatorship of Levitt

As of early 1997,…

I concur, but write separately to distance myself from the majority’s suggestion that there is a need for legislative action in this area. (Maj. opn., ante, at pp. 550-551.)

As our opinion explains, the trial court has broad discretion to determine an appropriate fee in cases such as these, and is authorized to consider all relevant factors, including the time involved, the results obtained, and the size of the abused elder’s estate. In the sound exercise of that discretion, the court can (as it did in these cases) consider the fact that a greater award of attorneys’ fees, even where earned, would deplete the abused elder’s estate to the detriment of the elder and, ultimately, to his heirs. I would not risk a diminution of that discretion, and would leave well enough alone.

A petition for a rehearing was denied November 29, 2001, and appellant’s petition for review by the Supreme Court was denied January 29, 2002.

Evan D. Marshall; Law Offices of Marc B. Hankin and Marc B. Hankin, Los Angeles, for Claimant and Appellant.

Law Offices of A. George Glasco and A. George Glasco for Objector and Respondent.

MALLANO, J.

Appellant Marc B. Hankin is a recognized leader in the field of elder law and the drafter of the Elder Abuse and Dependent Adult Civil Protection Act (Welf. & Inst.Code, § 15600 et seq.). (1 Cal. Elder Law (Cont.Ed.Bar 1995) p. xiii.) He represented professional conservator Frumeh Labow in successful efforts to protect the modest estates of Joel Levitt and Peggy Page. In response to Hankin's request for attorney's fees in the two matters, the trial court praised Hankin's work but awarded approximately 15 percent less than he had requested in each case, citing among other things the size of the estates involved. Hankin appeals from the awards, arguing that fee reduction based on the size of an estate is bad policy and will dissuade attorneys from undertaking representation of middle-income elders who are being subjected to physical and financial abuse. We do not question the need to protect elders such as Levitt and Page nor the social value of Hankin's efforts. Nevertheless,…