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Palm Beach Attorneys Fees & Charging Lien Case Goes to Appeal: July 1, 2015 San Pedro case

Uncategorized Jul 7, 2015
post about Palm Beach Attorneys Fees & Charging Lien Case Goes to Appeal: July 1, 2015 San Pedro case

A July 1, 2015 ruling from Palm Beach’s appeals court, Florida’s 4th District Court of Appeal, highlights a legal “fight” for attorneys fees and the use of a Florida charging lien: a lien or legal device which provides some safety or security for Palm Beach attorneys to get paid from their clients.  If you are a Palm Beach estate lawyer or are involved in a Florida charging lien case or anattorneys fees case West Palm Beach, you should read this July 1, 2015 opinion which is an appeal from the Palm Beach Circuit Court in West Palm Beach.

Why Are Attorneys Fees Litigated In Florida Courts?

  • How do I win an attorneys fees case in Palm Beach probate?
  • In Florida, “fighting” for attorneys fees or attorneys fees hearings, are a unique area of the law: with special rules or circumstances which one should know about.
  • Attorneys fees for Florida probate lawyers, or any Palm Beach lawyer, for that matter, must be reasonable under the Rules Regulating the Florida Bar.
  • What are reasonable attorneys fees under Florida law?
  • The Florida Bar rules, and the appellate cases on attorneys fees, tell us, and probate courts Delray Beach, what Florida law attorneys fees factors to consider.
  • So, two important questions for an attorney fee Florida dispute or trial are:

1) do you know what the factors are & needed to be proved at your Palm Beach lawyer’s fees hearing?; and

2) do you know how to get or move evidence into the record to prove your, or dis-prove, reasonable attorneys fees Florida?

Attorneys Fees Florida & Palm Beach Estate Lawyer Charging Liens

  • What is a Florida charging lien regarding attorneys fees?
  • How do you prove that a charging lien for a Boynton Beach attorney exists?
  • Charging liens Florida should be in writing
  • A probate lawyer Boca Raton can file a motion to enforce a charging lien which can be decided by the Palm Beach probate court
  • A charging lien can provide security or a “pot” of money from which the Jupiter, Florida lawyer may be paid
  • The probate court, or the circuit court Palm Beach County, should hold an evidentiary hearing, and issue an order on the reasonable Palm Beach attorneys fee rates (hourly rates), along with the reasonable number of hours, and, finally, a total amount of Palm Beach attorneys fees which are due, all based upon the factors set forth by the Florida Bar in that rule which I mentioned earlier.

What factors does the Florida Supreme Court say that a Florida probate judge should consider in a fee hearing?

  • Here is the link to read the Florida Bar Rule on attorneys fees Florida for free, but
  • Be  mindful that for estate, trust, Florida probate and guardianship matters, there areProbate Rules Florida, statutes in the Probate Code, and Florida appeals court cases which you need to understand regarding attorneys fees: http://www.floridabar.org/divexe/rrtfb.nsf/FV/A8644F215162F9DE85257164004C0429

Read this Florida Charging Lien Appeals Coaurt Opinion & Learn More About Litigating Attorneys Fees Palm Beach

  • Note that this case was NOT a Palm Beach probate case or a Palm Beach Gardens estate lawsuit.
  • But this recent Palm Beach appeals case on Florida lawyer charging liens andevidentiary attorneys fees hearings in Palm Beach is a must read for any West Palm Beach probate lawyer or any estate beneficiary or trust beneficiary who is objecting to attorneys fees.
  • Here is a copy of this Palm Beach attorneys fee and Florida chargining lien case opinion, which you can read for free from the 4th District Court of Appeal’s website:
  • http://www.4dca.org/opinions/July%202015/07-01-15/4D14-1849.op.pdf