Florida Attorneys Fees & Lawyer’s Charging Liens: 10 things you need to know about charging liens (March 11, 2015 Miami charging lien case)

Involved in an attorneys fee Palm Beach dispute?  Did a Palm Beach lawyer fire a client or vice versa:  did a client fire a lawyer?  There is a March 11, 2015 Miami appeals court decision just handed down oncharging liens.   What do you need to know about charging liens in Florida?

1. Charging liens in Florida are an equitable right.
2. Florida charging liens are a creature of the common law.
3. Florida charging liens have been recognized in Florida law for over 150 years.
4. Palm Beach probate attorneys can create a charging lien by drafting a lien in their legal services contract.  You may advise the client that he or she can obtain independent legal advice about the effect of the Charging Lien.
5. To perfect a charging lien, the Palm Beach attorney should give notice of the Florida charging lien to the client.
6. Many times Palm Beach Gardens probate lawyers will file a motion to perfect charging lien where estate lawyers Boca Raton seek an order from the Palm Beachprobate court a) that a valid charging lien exists b) the amount of the charging lien is $__________________ c) and telling everyone what to do with the attorneys’ charging lien (i.e. what it attaches to, when it should be paid, etc.)
7. A charging lien in a litigation contingency fee case cannot be enforced unless there is a recovery. (If there’s no recovery, there is nothing to attach).   A charging lien is valid and effective in all other types of Florida lawyer fee cases.
8. A client should not be “permitted to walk away with his judgment and refuse to pay his attorney for securing it.”
9. A charging lien may be enforced in the very proceeding where the Florida charging lien arose. In other words, probate lawyers West Palm Beach don’t need to file a new or separate lawsuit.  Claims or attacks on the Palm Beach charging lien, if any, which a former client wishes to make, can be presented, at the appropriate time, to the Florida trial judge.
10. Finally, Palm Beach attorney charging liens should not be brought forth or heard when they are pre-mature.

For more on Florida charging liens or Palm Beach attorney fee disputes, you can read this entire 3rd District Court of Appeal opinion, (Miami) at 40 Fla. L. Weekly D 625,  CK Regalia, LLC v. Thornton, Case No. 3D14-2289.