Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
An attorney’s charging lien can be enforced in a Florida family law case under specific circumstances. As cited in a recent Florida family law appellate case: “‘In order to give timely notice of a charging lien an attorney should either file a notice of lien or otherwise pursue the lien in the original action.’ [internal citation omitted]. However, merely filing ‘a notice of intent to claim a charging lien in the pending original action by the attorney does not establish the attorney’s lien against the judgment nor give adequate constructive notice of the attorney’s charging lien to parties dealing with the client with respect to the judgment.’ [internal citation omitted].” John F. Schutz, P.L. v. Ally Financial Inc., 4D2024-2838 (Fla. 4th DCA March 25, 2026).
In a divorce case a law firm withdrew from representing the former wife and filed a notice of charging lien concerning unpaid fees. The notice did not identify specific assets, nor did it identify an amount owed. The former wife was awarded certain bank accounts in equitable distribution. Prior to the final judgment being entered, the law firm sent a letter to the bank with a copy of the notice of charging lien previously filed. The former wife withdrew most of the funds from the accounts. The law firm then moved to adjudicate its lien and add the bank as an indispensable party, seeking to hold it responsible for the amounts withdrawn. The bank challenged this and won on the trial level. The law firm appealed.
The appellate court noted “Here, as argued by the bank, the Firm’s ‘Notice of Charging Lien’ was a notice of intent to seek a charging lien and not an adjudicated lien enforceable as to third parties. The ‘Notice of Charging Lien’ stated nothing as to an amount owed and did not refer to any assets to which the lien would attach. The notice did not identify the bank accounts or the amount encumbered by the charging lien. Thus, the notice was insufficient to impose charging lien liability for unpaid attorney’s fees against third parties who had no connection to the underlying litigation.”
The court concluded “Because the notice of charging lien filed in this case did not disclose the amount of fees owed to the law firm or identify specific assets to which the lien applied, we agree with the trial court’s determination that it would be inequitable to construe charging lien common law to require banks to freeze bank accounts for an unknown period, without a court order stating specifying an amount and the assets to which the charging lien attached. Because the trial court properly determined the ‘Notice of Charging Lien’ was insufficient to impose liability upon the bank as a matter of equity, the trial court properly denied the Firm’s motion to add the bank as an indispensable party to the proceedings.”
Nothing in this article is legal advice. Schedule a consultation with a Miami family law attorney for specific advice about your case.