1.5(e) Violation

[marmeladov]

State:NJ
I was referred by friends a couple of years ago to a lawyer(let’s call him John), for a personal injury lawsuit. One of the friends has a husband who is also a lawyer, let’s call him Robert. While I know Robert, I talked about the issue with his spouse and not with him. Robert did not recommend me John, it is his spouse who did it and she insisted more than normal or appropriate to hire John. His spouse is not a lawyer.
Currently I settled and I was looking forward to put the lawsuit behind me. However, while reviewing letters, emails, etc, I came upon evidence that Robert wrote a couple of the less important documents. They hid his work on my case from me; however I am more knowledgeable than the average client about emails, severs, domain names, operating systems, etc so I found clear evidence that Robert worked on my case. I met Robert multiple times in social occasions in the last couple of years, but he did not mention his work in my case, while asking me how the lawsuit is progressing.

I assume they have a fee-splitting agreement (third of a third?). I did not confront them yet, but I will do so after I calm down.

1. I will definitely file a grievance for John. Can I also do this for Robert? They both violated ABA rule 1.5(e) .
2. Do I have a chance in fee arbitration? Is it too late for that? This is not malpractice, but a very upsetting ethical issue. The third of a third fee(if this is their agreement) is a low six figure number.
3. Did John violate an ethical rule because I was not referred to him by a lawyer?
4. How can I find details about their agreement?

Sorry for so many questions.Thank you in advance,
A.P. (angry plaintiff)

 

[quincy]

State:NJ
I was referred by friends a couple of years ago to a lawyer(let’s call him John), for a personal injury lawsuit. One of the friends has a husband who is also a lawyer, let’s call him Robert. While I know Robert, I talked about the issue with his spouse and not with him. Robert did not recommend me John, it is his spouse who did it and she insisted more than normal or appropriate to hire John. His spouse is not a lawyer.
Currently I settled and I was looking forward to put the lawsuit behind me. However, while reviewing letters, emails, etc, I came upon evidence that Robert wrote a couple of the less important documents. They hid his work on my case from me; however I am more knowledgeable than the average client about emails, severs, domain names, operating systems, etc so I found clear evidence that Robert worked on my case. I met Robert multiple times in social occasions in the last couple of years, but he did not mention his work in my case, while asking me how the lawsuit is progressing.

I assume they have a fee-splitting agreement (third of a third?). I did not confront them yet, but I will do so after I calm down.

1. I will definitely file a grievance for John. Can I also do this for Robert? They both violated ABA rule 1.5(e) .
2. Do I have a chance in fee arbitration? Is it too late for that? This is not malpractice, but a very upsetting ethical issue. The third of a third fee(if this is their agreement) is a low six figure number.
3. Did John violate an ethical rule because I was not referred to him by a lawyer?
4. How can I find details about their agreement?

Sorry for so many questions.Thank you in advance,
A.P. (angry plaintiff)

I'm sorry but I don't see an ethical issue here.

I don't know if you CAN find out details about the agreement made between the two attorneys. The division of work and who is entitled to what would be between them.

Perhaps you can explain the problem you are having with your settlement a little bit better?

 

[marmeladov]

I'm sorry but I don't see an ethical issue here.

I don't know if you CAN find out details about the agreement made between the two attorneys. The division of work and who is entitled to what would be between them.

Perhaps you can explain the problem you are having with your settlement a little bit better?

Than you for the answer (this was fast. As I wrote, they both violated ABA rule 1.5(e):

(e) A division of a fee between lawyers who are not in the same firm may be made only if:

(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;

(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and

(3) the total fee is reasonable.

I did not agree with their arrangement. I don't see how this is not an ethical issue.

Thank you,
AP

 

[quincy]

Than you for the answer (this was fast. As I wrote, they both violated ABA rule 1.5(e):

(e) A division of a fee between lawyers who are not in the same firm may be made only if:

(1) the division is in proportion to the services performed by each lawyer or each lawyer assumes joint responsibility for the representation;

(2) the client agrees to the arrangement, including the share each lawyer will receive, and the agreement is confirmed in writing; and

(3) the total fee is reasonable.

I did not agree with their arrangement. I don't see how this is not an ethical issue.

Thank you,
AP

First, here is a link to New Jersey's comparable ABA Model Rule, Rule of Professional Conduct Rule 1.5:
https://www.judiciary.state.nj.us/rules/apprpc.htm#P65_6482

You say you "found evidence" of one attorney working on your attorney's case and that you "assume" they have a "fee-splitting agreement."

I don't think you have enough to show that either of the attorneys acted unethically.

Is there a problem you are having with the amount you paid and is there a problem with the settlement agreement?

Edit to add two additional links for you to review, the first on Attorney Discipline and the second a form to print out for an Attorney Grievance:

https://www.judiciary.state.nj.us/oae/atty_disc/atty_disc.htm
https://www.judiciary.state.nj/oae/grievancefrm.pdf

 

[marmeladov]

First, here is a link to New Jersey's comparable ABA Model Rule, Rule of Professional Conduct Rule 1.5:
https://www.judiciary.state.nj.us/rules/apprpc.htm#P65_6482

You say you "found evidence" of one attorney working on your attorney's case and that you "assume" they have a "fee-splitting agreement."

I don't think you have enough to show that either of the attorneys acted unethically.

Is there a problem you are having with the amount you paid and is there a problem with the settlement agreement?

Thanks for the link.

I don't have a problem with the settlement. This is not malpractice, just an ethical issue.

The problem with the legal fee is that I hired an experienced lawyer (John) from Company X, and not an out-of-school one with no experience in personal injury from Company Y. As far as I am concerned my agreement with John regarding his fee is void (although I'm not saying a NJ arbitrator will agree with me.
It is true that I don't have evidence of fee-splitting, but I don't think The Office of Attorney Ethics of NJ will believe that Robert worked for free and unauthorized on my case. The evidence about his work is compelling, but I will not get in details here.

Thanks again.
AP

 

[quincy]

Thanks for the link.

I don't have a problem with the settlement. This is not malpractice, just an ethical issue.

The problem with the legal fee is that I hired an experienced lawyer (John) from Company X, and not an out-of-school one with no experience in personal injury from Company Y. As far as I am concerned my agreement with John regarding his fee is void (although I'm not saying a NJ arbitrator will agree with me.
It is true that I don't have evidence of fee-splitting, but I don't think The Office of Attorney Ethics of NJ will believe that Robert worked for free and unauthorized on my case. The evidence about his work is compelling, but I will not get in details here.

Thanks again.
AP

Well, then, do what you feel you need to do. Good luck.

 

[Ohiogal]

You have no evidence about fee splitting. I have "worked" so to speak on various cases that I have received no compensation for -- including editing briefs and what not for grammatical errors, spelling mistakes and just to make sure the writings made sense. Didn't mean I was on the case. Also didn't mean I was compensated. Sounds like you are getting greedy and don't think you are attorney should get 1/3 of your recovery because you want more.

 

[latigo]

No, the OP does not claim to have hard evidence of fee splitting! He suspects the same and seemingly with good reason. And inasmuch as any such arrangement requires his written approval he has a perfect right, irrespective of motive, to learn whether it is so.

Moreover I fail to see where yours or any other pro bono or other such gratuitous legal work have any relevancy whatsoever. And most certainly yours was not performed with covert intent as is highly indicated here.

 

[TigerD]

And everything discussed here is subject to the contract between the OP and his lawyer -- to which none of us are privy.

TD

 

[quincy]

Thanks for the link.

I don't have a problem with the settlement. This is not malpractice, just an ethical issue.

The problem with the legal fee is that I hired an experienced lawyer (John) from Company X, and not an out-of-school one with no experience in personal injury from Company Y. As far as I am concerned my agreement with John regarding his fee is void (although I'm not saying a NJ arbitrator will agree with me.
It is true that I don't have evidence of fee-splitting, but I don't think The Office of Attorney Ethics of NJ will believe that Robert worked for free and unauthorized on my case. The evidence about his work is compelling, but I will not get in details here.

Thanks again.
AP

There is more than just the contract between marmeladov and his attorney to consider. What also needs to be considered (among all the other facts) is the relationship between lawyer John from Company X and lawyer Robert from Company Y.*

Before filing any attorney grievance - or before even considering filing an attorney grievance - it is important for marmeladov to speak to his attorney about his concerns. Speaking to one's attorney is the first action anyone should take if they have questions about their case or billing matters or their attorney's conduct.

Ethics opinions have been issued on Rule 1.5(e) by both New Jersey and the ABA. It is entirely possible that, if Robert from Company Y was paid anything (and apparently there is no proof of payment), Robert might not have been paid a "fee." For example, there could perhaps be a profit sharing plan between two law firms (which would fall outside the scope of Rule 1.5e) or Robert might have been a temporary lawyer working for John's Company X (and John would be under no obligation to reveal any compensation arrangement) or ... well, the list of possibilities continue.

Robert's past or present connection with Company X (if any) needs to be known to see if a Rule 1.5 (e) violation could apply. This is a fairly simple question for marmeladov to ask of his attorney - and this should be a fairly simple question for John the lawyer to answer.

marmeladov, I recommend you speak to John your lawyer. Let your attorney know that you feel you are more knowledgeable than the average client when it comes to emails and servers and domain names and operating systems, and you see some irregularities in the documents you reviewed.

With luck, John the lawyer can clear up any confusion. With luck, no attorney grievance will need to be filed.




*as a note: the fact that Robert and John worked for different firms was not mentioned in the first post