West Palm Beach Probate: Is a Charging Lien’s Amount Fair? Make Sure to Find Out With an Evidentiary Hearing.

Have you retained counsel for a West Palm Beach probate   dispute or will contest and it just did not work out? Sometimes you will have to terminate counsel for various reasons. Have you noticed something called a charging lien being filed on a West Palm Beach docket for the case? You may have a right to examine that charging lien in an evidentiary hearing do you know how minimize the effect of that lien? Check out this interesting case out of the Fourth District Court of Appeals.

Charging Liens

• A charging lien is a tool used by lawyers in West Palm Beach to ensure they get paid on a case after they left the case.
• A charging lien is just like any lien it entitles one party to payment based on notice to the rest of the world of a pre-existing debt.
• Did you know that you have a right to have an evidentiary hearing in a West Palm Beach court to ensure the validity of the lien.
• What if you know that the lien is valid can you still get a hearing?
• Absolutely.
• How do you know how much the lien is worth?
• Usually the attorney is going to put an amount on the lien but is that amount final?
• You have a right to an evidentiary hearing over the amount of the fees.
• Are you prepared to show the lien is excessive?
• What is a standard fee to charge hourly for legal services?
• The truth is it depends.
• How experienced is that attorney?
• How complex was your case?
• These are all factors analyzed by the West Palm Beach court in determining if the charging lien is valid.

San Pedro et. Al. v. Law Office of Paul Burkhart

• This was an appeal from the Fourth District Court of Appeals in West Palm Beach.
• The appellants had retained the law firm defendants in a case and had a charging lien placed on the docket.
• The appellants challenged the validity of the lien but the trial court disagreed, so they appealed.
• On appeal the court noted that the existence of the lien was valid but that the court had failed to look to the merits of the charges in an evidentiary hearing.
• Are you worried about a charging lien?
• Have you used your right to an evidentiary hearing?
• West Palm Beach courts do not reward those that sleep on their rights so act now or you risk losing your right to audit these charges.

Want to learn more?

Check out the entire case by clicking here.