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A charging lien Florida issue typically comes to the court when there is a ?fee fight.? A disagreement between a client and a lawyer. ( Note that a charging lien is different than a retaining lien . ) It generally involves non-payment of compensation by a client, or former client, to a Florida lawyer.
A charging lien is defined as a type of attorney's lien under which a lawyer acquires an interest in a judgment awarded to the client.
If your lawyer makes a mistake in your matter, you can sue the lawyer for malpractice.
To impose a charging lien, four requirements must be satisfied: '(1) an express or implied contract between attorney and client; (2) an express or implied understanding for payment of attorney's fees out of the recovery; (3) either an avoidance of payment or a dispute as to the amount of fees; and (4) timely notice.
Takeaway: If an attorney wants to create a valid attorney's lien under California law, the attorney will need to: (1) have an express provision in the fee agreement regarding the lien (express), or (2) have language in the fee agreement providing that the attorney will be paid for services rendered from the judgment ...