Some clients fire Palm Beach attorneys, and….. some attorneys fire clients. If you are a client who hired a Palm Beach probate litigation lawyer and you are now parting ways, here are some important bullet points which you should know. You should also know about an attorneys charging lien if you have a fee dispute or disagreement over the bill for legal services. A recent case dealt with Florida attorneys charging liens, which is almost a subspeciality of Florida law. If you are a beneficiary of an estate or trust, or were involved in litigation and are now changing lawyers, you will want to read this.
Motion to Withdraw As Attorney
- The Palm Beach lawyer who fires you should file a document with the Palm Beach court telling the court that they no longer represent you, and asking that they be removed from the case.
- A motion to withdraw may typically be drafted
- Most judges will not let the lawyer who fired the client withdraw if the matter is set for trial, or there is an important matter still pending
- Palm Beach probate litigators cannot just fire you and go
- Palm Beach probate lawyers must protect you, the client, even if there is a desire to no longer be your attorney
Client Consent/ Substitution of Counsel
- You should start looking for a new Palm Beach probate lawyer right away
- Luckily, there are a number of good probate lawyers in Palm Beach, from Jupiter to Boynton Beach, to Boca Raton
- Consider whether you need a probate lawyer to administer a Palm Beach probate or estate, or whether you need a probate litigator: a Palm Beach estate attorney who actually tries cases
- You may be asked to consent in writing to having the law firm withdraw
- Or, your new attorney may sign a substitution of counsel, informing the court that there is a new Palm Beach estate lawyer on board
Attorneys Fee Dispute With Your Palm Beach Probate Lawyer
- If the attorney or Palm Beach law firm has not been paid, they might file a charging lien
- A charging lien is a legal “lien” by the law firm on your case and any damages or inheritance which you might receive from a Palm Beach estate, probate or trust, including any Palm Beach probate litigation
- If it is valid, the charging lien needs to be dealt with by the Court
Q: Is the charging lien in writing ?
- The Florida law firm must perfect the charging lien
- The Court should not enter an order establishing the charging lien without first holding a hearing — typically an evidenciary hearing. So, get your probate litigation hat on and get ready to testify, call witnesses and introduce evidence like the legal services contract or written charging lien (or testify about why non exist).
- This recent case, from February 14, 2014, in Florida’s 5th District Court of Appeals, dealt with a Florida attorney charging lien (it is not a probate case and the 5th District’s Website lists February 21 as the date the opinion was issued)
- Here is the link if you want to read the case of Higdon v. Higdon: http://5dca.org/Opinions/Opin2014/021014/5D13-1924.op.pdf