Fourth District Court of Appeals Charging Liens Case: Tucker v. Tucker

Are you at the conclusion of a Palm Beach will contest and a   charging lien has been filed on the case? Do you know what this means? Do you have a hearing to liquidate that lien coming up? Take a look at this recent case out of the Fourth District Court of Appeals dealing with charging liensin a Palm Beach divorce matter.

Charging Liens

• A charging lien is a lien that can be filed with the court on your Palm Beach probate case if your attorney is owed funds.
• Did you know even a former attorney can file a charging lien, even after they havewithdrawn from the case!
• Do you know what is required for a charging lien to be valid?
• Are you disputing the validity of the legal services?
• Did you know that you might be entitled to an evidentiary hearing?
• Do you have a Palm Beach attorney prepared to represent you at an evidentiary hearing regarding liquidation of a charging lien?
• Experienced Palm Beach probate litigators know that in order to properly disprove the validity of a charging lien you will have to thoroughly know the duties of a lawyer.
• You might also need to be able to view the file and show the deficiencies in those duties.
• When can you win a dispute over charging liens?

Tucker v. Tucker

• The Fourth District Court of Appeal decided the Broward County divorce appeal ofTucker v. Tucker on May 27, 2015. Case No. 4D14-105.
• A charging lien was filed for services performed for the wife.
• The former wife argued that the lien should be dissolved because the attorney’s work did not produce a tangible positive result in her divorce case, and the trial court denied the wife due process of law and her request for a jury trial in the lien proceeding.
• She also disputed the fact that the attorney was able to collect her fees in liquidating the lien.
• The court disagreed with her in the first instance but agreed attorney’s fees were not proper in this instance.

Want to learn more?

Check out the entire case by clicking here.