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Pankauski Law Firm PLLC Wins Charging Lien Trial in West Palm Beach Probate Court

Uncategorized • May 14, 2014
post about Pankauski Law Firm PLLC Wins Charging Lien Trial in West Palm Beach Probate Court

Palm Beach County — The Pankauski Law Firm PLLC, a West Palm Beach probate law firm, was successful at a charging lien trial on Monday, May 12th, 2014 in the Palm Beach probate court.   The trial , or evidentiary hearing, was held in the Main Courthouse, in West Palm Beach, before the sitting probate judge. John Pankauski, the senior trial attorney and a probate litigator at the firm, gave testimony.   The firm was successful in perfecting a valid charging lien regarding fees owed.   For those involved in a charging lien case, you may want to consider the important bullet points below.

What Probate Beneficiaries Need to Know About Charging Liens

  • A Florida charging lien is a very specific type of lien
  • You don’t get a charging lien just by filing a notice of a charging lien
  • There is , generally, a 4 part test to determine if you have a valid charging lien
  • There is an important case from the Florida Supreme Court which is cited as the controlling authority on charging liens
  • You don’t get a charging lien on attorneys fees and costs just because money is owed
  • There are also unique rules based upon whether the case is a contingency or an hourly case
  • A charging  lien may arise in equity or pursuant to a legal services contract

2014 Text Boxes 009Trying Cases in Palm Beach Probate

  • A charging lien hearing is a trial: full , evidentiary hearing
  • Call witnesses, introduce evidence
  • Have the legal services contract, invoices and other communications introduced into evidence
  • Obtain a determination or declaration by the probate court that you have a VALID charging lien and that you have PERFECTED the charging lien
  • There are recent cases from Florida’s appellate courts which speak to a charging lien hearing