Lawyer Didn't Pay Co-Counsel, Lied About It

[cassies]

My question involves malpractice by a lawyer in the state of: Minnesota

My husband hired a lawyer to represent him in an immigration issue. We requested that she retain another lawyer with experience in the 8th circuit of appeals to assist her in the case. In her haste to make a contract with us she did not include the other lawyer’s name, responsibility and fee scale but between my husband (the client), the other lawyer and herself there are a series of emails which indicate that there was an agreement that the fees would be split between herself and the other lawyer. The other lawyer did some work on the case, and after 20 days withdrew from it. He said he withdrew, because our lawyer delayed in paying him and blamed lack of payment on the client, although we had made a substantial down payment. He said, she made one excuse after another about covering his expenses and continued to delay. Our lawyer had told us the large down payment was in part to retain him—the other lawyer. (How the downpayment would be handled is not in writing).
We wished to retain the other lawyer. Our lawyer told us a month or more after the other lawyer withdrew, that she removed him because of his lack of performance. Our case was due in 2 weeks and it was impossible to search for and retain another lawyer—further, we had already paid her.
I filed a complaint against this lawyer for mishandling the case. The lawyer she hired to defend her states that I have the burden of showing a violation of Rule 4.1 by clear and convincing evidence. How can I demonstrate or give clear evidence that there was no communication when evidence for the lack of communication is simply that there is no communication--no email, no phone record, no anything? My lawyer provided “evidence” that she had called us by providing her phone records with an alleged list of my husband’s phone numbers. None of them were his number. And our mediating attorney simply rolled his eyes at me when I said so. Must I prove that this is the case by providing my husband’s phone records? And by calling everyone on the list she provided requesting their length of contract with the phone company?
Is the informal agreement between the two lawyers—the emails—is it contract enough to bind our lawyer to the obligations of the agreement the client and the other lawyer both made with her? Is she bound to pay the time and expense of the other lawyer?

[Mr. Knowitall]

You posted this as a legal malpractice question, but it appears to be nothing more than a fee dispute. Is there a malpractice issue in there, somewhere?

[cassies]

I'm not a lawyer and don't know what category the misbehavior(s) fall into. Malpractice? Fraud? Fee-dispute? What would place it into one category or another? I am open to being informed.

The fee-dispute with the other lawyer and ensuing cover-up did damage my husband's ability to be represented appropriately. We still suffer irreversible damages.

[Mr. Knowitall]

Okay. What are the damages and how did the lawyer cause them.

[cassies]

Let's focus on a different more pressing question first.

How do I demonstrate a violation of Rule 4.1 by clear and convincing evidence. If you are answering, do you know what rule 4.1 is? How can I prove that there was no communication when evidence for the lack of communication is simply that there is no communication--no email, no phone record, no anything.

Am I supposed to prove false the telephone records provided by the attorney to the Ethics board or will they investigate that themselves?

[Mr. Knowitall]

So you're stating that you don't have a legal malpractice question, and believe that the best path to having me discuss your issues is to be condescending.

If you have evidence beyond your testimony that certain phone calls did or did not take place, that would be your evidence. If you don't have evidence beyond your testimony, you need to hope that your version of events is found to be more credible than the lawyer's.