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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