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HOW TO HIRE AN IMMIGRATION LAWYER:
A GUIDE FOR CLIENTS
By Adriana Perez, Esq.
Immigration Attorney
www.viz-law.com
“Remember, remember always that all of us, and you
and I especially, are descended from immigrants and
revolutionists.”
- Franklin D. Roosevelt
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TABLE OF CONTENTS
Introduction p. 4
Finding a Lawyer vs. Choosing a Lawyer p. 5
Avoid Non-Lawyers Practicing Law p. 6
Experience vs. Competence p. 8
Be Comfortable with the Lawyer you Hire p. 8
Judging Credibility: The Lawyer’s Website p. 9
Advertising p. 10
How to Properly Discuss the Lawyer’s Fee p. 11
The Initial Consultation p. 13
Payment Plans p. 14
Filing Fees p. 15
The Retainer Agreement p. 15
12 Things to Never Say to Your Immigration Lawyer p. 16
Avoid becoming the high-maintenance client p. 24
Conclusion p. 26
About the Author p. 27
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DEDICATION
This book is dedicated to all immigrants - past and present - who came to this
country in search of a better life.
© 2012 Adriana Perez
All rights reserved. No part of this book may be reproduced in any form, except for the
inclusion of brief quotations in review, without written permission from the author.
ISBN: 978-0-615-72372-3
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INTRODUCTION
This e-book evolved from a single email sent between me and another
immigration attorney where, for the first time, we shared thoughts not onimmigration law, but on the practice of immigration lawyering. Naturally,
although we were different lawyers working for different firms, we heard the
same questions, the same concerns, the same criticisms; and yes, the same snarky
comments from our clients.
We agreed that questions like “Why should I hire you? Isn’t this
something I can do myself?” or “You’re going to try your best, right?” or “I will
pay anything to stay in this country,” made us secretly roll our eyes. Yet clients
kept asking them.
At the same time, however, we wanted to help the immigrants in the
United States and those aspiring to come, and we were dedicated in doing so.
We understood how hard it was (and is) for immigrants to come to this country;
to learn a new language; and to adapt to an entirely different culture. We also
understood that many immigrants needed help in navigating the complexities of
immigration law. Having been raised in Venezuela, I could relate.
But from our perspective, there was growing conflict between our desireto help our clients and the frustration we felt in dealing with the aforementioned
“snarky comments.” And so I began to wonder: Why are some clients a joy to
work with while others are not?
The answer to that question, I realized, was simple: While immigration
lawyers have experience dealing with many clients; clients, by contrast, have
very little experience dealing with immigration lawyers.
What was needed in the immigration law practice was a guide for clientson how to hire an immigration lawyer. This e-book was written as that guide
(albeit, an introductory one), and covers topics such as: (i) who to call; (ii) what to
look for in evaluating an immigration lawyer’s competence and skill; (iii) how
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much to pay; (iv) what questions to ask and; (v) what never to say to your
immigration attorney.
My goal in writing this e-book is to improve the attorney-clientrelationship. Doing so requires work from both sides. For every unique client,
there is a unique immigration attorney with whom there is a perfect fit. What
follows is my advice on how to hire the right immigration lawyer for you.
FINDING A LAWYER VS. CHOOSING A LAWYER
Not all lawyers are created equal. Some are better than others. The betterlawyers freely admit this. The lesser lawyers won’t like to talk about it. But it’s
true. If you have made the decision to hire an immigration lawyer, then there is
no doubt that you’ll have many choices as to which lawyer you choose to
represent you.
There are many ways to find a lawyer, but only a few ways to tell whether
he or she is a good fit for you and your case. I call the latter part “choosing” a
lawyer.
To find a lawyer, I suggest conducting a simple internet search for the
term “immigration lawyer.” You may want to add the name of your city to
narrow the results, such as “Atlanta immigration lawyer.” Further still, if you
want an attorney who speaks your native language, if not English, consider
searching in that language, such as “abogado de inmigración en Atlanta,” to find
Spanish-speaking immigration lawyers.
With all these immigration lawyers to choose from, how do you make
your choice? What factors should you consider? What follows below is a list ofitems I think are particularly important when choosing an immigration attorney.
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Avoid Non-lawyers Practicing Law, a.k.a. “Notarios”
Be wary of hiring someone who is not a lawyer but pretends to be. In fact,
don’t hire this person at all. These non-lawyers often call themselves “notarios ,”or “legal consultants,” or “legal advisors.” The truth is that notarios are not
lawyers and therefore do not have the same responsibilities under the attorney-
client relationship that real attorneys do.
These notarios will gladly charge you a fee to (i) file papers, (ii) review
your file, or even worse , (iii) “get you a green card,” or even worse than that, (iv)
take your money but do nothing to help your case.
Don’t believe any of it. Notarios never went to law school; never passed a bar exam (or even studied for one); and never bothered to learn all the many
nuances of the law. They will gladly take your money. But they have no idea
what they are doing.
Hiring someone who is not a licensed attorney may hurt your case.
Sometimes a real lawyer can fix it. Other times she cannot. The damage can be
long-term: A problem that you thought was solved today actually was not
solved at all. But you may not know about the mistake until several years down
the line. Why take the risk?
The misbelief is that the notarios can do the same thing as a lawyer but for
a lesser price. Another misbelief that we (immigration lawyers) hear a lot: “they
helped my friend so I thought they could help me.” Both are false.
Lawyers are regulated by rules set forth by the local state bar. Licensed
attorneys are obligated to follow these guidelines and deliver professional
services to their clients. If the lawyer violates any of these rules, such as the
attorney-client privilege, and the client is harmed, the client may file a complaintwith the state bar.
Notarios , however, are a little harder to catch in the act. If a notario takes
your money and disappears, you can tell your state bar about it and file an
“unauthorized practice of law” complaint. Good luck. Notarios have a
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reputation for disappearing and not coming back. Another solution is to call the
police to file a report, or sue in civil court. Either option doesn’t end well. The
police may consider the issue a “civil” matter and may not bother filing a report
at all. Plus, a lawsuit in civil court takes years to litigate and a lot of money
before you win, if you win.
The lesson here is to always make sure the person you are hiring for your
immigration case is a licensed attorney. If you are unsure, there are two
questions you can ask that will ensure you hire a licensed attorney versus
someone who has no license.
I suggest asking:
“What is your bar number?” Or . . . “Can I see your bar card?”
Licensed attorneys almost always either carry their bar card or, at least,
know their bar number. I have two bar cards (one for Florida and one for
Georgia), and I can show it to any client in a matter of seconds. One benefit of
asking this question is that you’ll be able to confirm that the person you are
speaking with is, in fact, a licensed attorney. Another benefit (for truly thorough
clients) is that you will learn what state bar the attorney is admitted to. You can
later use this information to check that state bar’s website to investigate whetherthe attorney is in “good standing” with the bar (i.e., not suspended).
By contrast, notarios have neither bar cards nor bar numbers and therefore
will not be able to show you one. They will probably try to convince you that it’s
lost, or they don’t need one. Don’t believe any of it.
My advice to you is that if you ask to see a bar card, or if you ask for the
lawyer’s bar number, and you do not immediately receive a straight-forward
response, leave immediately.
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Experience vs. Competence
An “experienced” lawyer is not the same as a “competent” lawyer. If you
take anything from this e- book, it’s that you need to know how to identify a
competent lawyer.
The very definition of “competent” means having the necessary ability,
knowledge, or skill to do something successfully.
Nowhere does the word “experience” appear in the definition of
“competent.”
The amount of past experience a lawyer has is important, but not as
important as you might think: There are great lawyers who have been practicing
only a few years and terrible lawyers who have been practicing for decades.
Instead of asking “how many years have you been practicing immigration
law?” try to ask questions that address the lawyer’s skill and competence. Some
examples include:
i. Have you worked on this type of case before?
ii. What issues – good and bad – do you see with my case?
iii. How did you learn the practice of immigration law?
iv. How do you keep up with all the changes that take place in the
field of immigration law?
These questions go to the root of what you need to know: Does the
immigration lawyer have the skill required to do a competent job on my case?
Be Comfortable with the Lawyer you Hire
It may sound obvious, but you’ll want to hire a lawyer with whom you
are comfortable with. An entire book could be written on this topic alone. For
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whatever reason, I routinely take calls from prospective clients that start with the
client saying “I can’t stand my current attorney.”
The phrase “comfortable with” can mean different things to differentpeople. Some clients want their lawyers to be “rough around the edges,”
because they think that will translate to the lawyer being “tough” in court. Other
clients look for lawyers who speak their native language, like Spanish, Chinese,
or Russian. It is all a matter of perspective, really. To determine your level of
comfort, here are a couple questions to ask yourself:
i. Does this lawyer make me nervous?
ii. Do I feel intimidated asking the lawyer questions?
iii. Did the lawyer answer the question I asked?iv. Did the lawyer treat me with respect?
v. Did the lawyer treat my family with respect?
vi. Do I think this lawyer will take my phone calls six months from
now?
That last one is important. If you cannot get the immigration attorney on
the phone early in the process, then that is a good indicator of how the
relationship will be down the road.
Judging Credibility: The Lawyer’s Website
As a matter of diligence, a prospective client should always search the
internet to see if the lawyer has a website. This is true even in instances where
you’ve been referred to the attorney by a friend or relative. A lawyer’s website is
an excellent way to gauge that lawyer’s credibility. I do not think any of my
colleagues will argue with me when I say that immigration lawyers with a well-
presented website care about how clients perceive them.
However, keep in mind that a good-looking website doesn’t mean the
lawyer is competent. Again, there are plenty of good-looking websites masking
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incompetent lawyers. But a good, well-designed immigration website does tell
you that the lawyer cares about her image. And the truth is credibility tends to
be a good indicator of skill. I will go so far as to say that in today’s world, a
website is so important to the issue of credibility that it is better, I believe, for an
immigration lawyer to not have any website than it is to have a bad-looking one.
At least without a website, clients will not develop a negative impression of the
lawyer before they visit that lawyer’s office.
Think of it this way: You probably would not want to hire a lawyer who
came to your first meeting wearing a t-shirt and jeans, would you? What about
hiring a lawyer who has empty soda bottles and pizza boxes strewn about her
office?
Because hiring a lawyer involves making a judgment-call on that lawyer’s
competence, confidence, and credibility. Someone who wears a t-shirt and jeans
to a client meeting does not outwardly reflect those characteristics.
Advertising
Advertising is simply a means by which lawyers try to bring clients in the
door. That is all advertising is ever meant to do. As I’ve pointed out before,
there are some incompetent lawyers who advertise, and there are excellent
lawyers who never advertise, and vice versa. The choice as to which lawyer to
hire is, of course, up to you. But if you are so inclined to call an immigration
lawyer whose advertisement you noticed, then perhaps keep the following
suggestions in mind.
Is the advertisement professional in every respect? Are there spelling
mistake? Grammatical errors? It should be perfect. Any flaw in the ad speaks
volumes about the lawyer’s attention to detail.
For example, in researching this book, I found one advertisement that
said, simply “Immigration Law. Speak Chinese.” Is the lawyer offering lessons
on how to speak Chinese? I believe the ad was meant to say “We speak
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Chinese,” or “the lawyer speaks Chinese.” Either way, the grammar of the ad
was incorrect, which reflects poorly on the lawyer’s attention to detail.
Does the advertisement focus on a single area of law, or many? It is anunspoken truth among lawyers that the best attorneys in any field focus on one
particular area of law. For purposes of this e-book, that area is immigration law.
Many lawyers, however, refuse to let a single case walk out the door, so they
advertise and promote expertise in many areas of law. Hiring this type of “jack-
of-all-trades” lawyer may adversely affect your case.
For example, is there anything wrong with this advertisement? “[this
lawyer represents] clients in Drug Crimes, DUI, Family Law, Divorce, Personal
Injury, Wrongful Death, Immigration, Breach of Contract, Civil Litigation.”
I suppose there is nothing “wrong” with the ad, per se. But based solely
on this ad, it’s obvious that the lawyer accepts a wide variety of cases. Is it
possible the lawyer is an expert in all these complicated legal fields? Yes, I
suppose it is possible. But ask yourself: how much time will this lawyer put into
my immigration case if she is dealing with so many other cases, all in different
fields of law?
HOW TO PROPERLY DISCUSS THE LAWYER’S FEE
Now that you’ve met with the immigration lawyer, discussed your case,
and feel comfortable with that lawyer, it’s time to talk about the lawyer’s fee. In
an ideal world, this discussion should be a pleasant one where both lawyer and
client are 100% at ease discussing how much the client will pay the lawyer. But
in the real world, the “fee conversation” is often difficult and uncomfortable.
Below are some tips on how to approach the lawyer about (i) negotiating the fee,(ii) arranging a payment plan, (iii) the initial consultation fee, (iv) filing fees, and
(v) the all-important Retainer Agreement.
Immigration lawyers are not totally insensitive to the financial needs of
our clients. Many of our clients are recent immigrants to the United States who
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are simply trying make ends meet. Times are tough: Jobs are hard to find and
the jobs that do exist don’t pay as much as they used to.
But like everything else in the world, however, when it comes toimmigration lawyers, the old adage rings true: You get what you pay for.
When talking to an immigration lawyer about fees, try to keep in mind
that no one works for free. Some lawyers will be insulted if you ask for a lower
fee. By contrast, some lawyers don’t mind negotiating the fee. The trick is to
know how to negotiate with tact.
Immigration lawyers want to help people. Accordingly, we want to help
you as a client but we do not need you as a client. A client who walks into a
lawyer’s office and acts pompous or arrogant, and who starts “demanding”
things, can expect the lawyer to ignore that client’s request to lower the fee (and
perhaps she will even show you the door).
But if you find yourself in a position where you might have to negotiate
the attorney’s fee , keep in mind the following tips.
Tip 1: Do not be afraid to ask about the lawyer’s fee over the phone. It is
wrong to assume that all immigration lawyers charge the same amount. Some
lawyers charge way more than others. If the lawyer quotes you a fee that is way
above what you can afford, then perhaps it is best to not book an appointment at
all as it will save both your time and the lawyer’s time.
Tip 2: If you do decide to meet with the immigration attorney and the
issue of the fee comes up, speak matter-of-frankly and honestly. You may
consider saying things like “I want to hire you but I want to talk about the
amount of your fee first.” Again, the lawyer will appreciate your honesty.
Lawyers are businesspeople – we negotiate under the right circumstances.
Tip 3: If you meet face-to-face, and the lawyer, upon evaluating your case
further, quotes you a much higher fee than anticipated, do not be embarrassed to
tell the lawyer that you simply do not have enough money to pay. I understand
that “not having enough money” is always a sensitive topic. If the lawyer will
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not lower her price, and you simply cannot afford it, then the best thing to do is
shake hands and go your separate directions. Chances are, if the immigration
attorney likes you, she will work with you on the fee before letting you walk out
that door.
A big part of successfully negotiating with an immigration lawyer is being
honest (see Tip 2 above). Saying things like “I have enjoyed meeting you and
thank you for taking the time to discuss my case, but I was wondering if we
could agree on a lower price?” will get you somewhere. But saying “I spoke to
five lawyers and your fee is the highest, why is that?” will likely end the
negotiation.
The Initial Consultation Fee
Almost all immigration lawyers charge a small fee for a consultation. We
are not like most other lawyers in this regard. Lawyers in different fields –
criminal defense lawyers, for example – always promote a “free initial
consultation.” Immigration lawyers don’t do that. Why?
We don’t participate in the “free consultation,” because we want to be
compensated for our time. During your initial consultation, it is likely that youand your lawyer will talk openly about what needs to be done on your case:
what forms to file, when to file them, what back-up documents are needed, and
so forth. This information is your case. And therefore it has value. To
compensate the lawyer for his or her time, and to compensate the lawyer for the
golden information he or she is about to give you, lawyers charge a small fee for
the initial consultation.
Keep in mind that if you do hire the lawyer, he or she will most likely
include the initial consultation fee with the overall fee. So the money is not lost.
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Payment Plans
A payment plan is a great option if you and your immigration lawyer can
agree on one. It is always easier to pay over time than to pay all at once. Theproblem is that most immigration lawyers won’t go for it.
From the lawyer’s perspective , the concern is that the client will stop
making payments after one or two months. That leaves the lawyer in the
unfortunate position of either becoming a debt collector, or withdrawing from
the case. In some cases, such as a Deportation Defense case, the judge may not
let the lawyer withdraw at all, thereby forcing the lawyer to stay on the case until
the very end without payment.
For this reason, payment plans are generally disfavored among
immigration lawyers.
Still, if you do ask for a payment plan, don’t expect a miracle. Even if the
lawyer is willing to accommodate you, she will probably require 50% up-front
with the rest due over the next couple months. Most lawyer require at least 50%
up-front because experience has shown that if the client cannot pay 50% of the
fee today, then he or she will not able to pay 100% of the fee tomorrow.
Here are additional tips that may help when discussing payment plans:
i. Be realistic. Do not expect a 12-month or 24-month plan. Most
plans are only for 2-4 months. Anything longer and the issue of
non-payment comes up. And as I stated before, we have no
interest in the field of debt collection.
ii. Have at least 50% of the fee ready to be paid immediately.
iii. If the lawyer is reluctant to give you a payment plan, consider
dropping the issue. There is no use negotiating further if both
parties are not 100% comfortable with the idea.
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Filing Fees
The next issue that usually comes up when discussing money with the
immigration lawyer is the issue of the filing fee. Almost all applications made tothe Department of Homeland Security, or any other government entity, require
payment of a filing fee. This fee is different than the fee you pay your lawyer.
The filing fee is the administrative fee the government agency charges to
process your paperwork. If you don’t pay the filing fee, and if you do not qualify
for a fee waiver, the agency will return your paperwork and your case will not
move forward.
By contrast, the lawyer’s fee is the agreed-upon fee that the client will payto the lawyer for the time the lawyer will spend on your case.
Although this seems like a straight-forward concept, clients routinely ask
me to pay the filing fee for them with the promise of “I will pay you back later.”
The bottom line is that immigration lawyers are not bankers: we are not
interested in financing your application by paying the filing fee on your behalf
and hoping that you will pay us back.
If you don’t pay the filing fee to the immigration attorney, your case willsit (and sit, and sit) until that filing fee is paid.
The Retainer Agreement
Now that you’ve agreed upon a fee with the immigration attorney , we
come to the issue of the Retainer Agreement. This agreement is a contract
between the immigration lawyer and the client. And, like any contract, the
Retainer Agreement lists out the responsibilities of each party. It is a fairly
complicated document that does not simply state “for a fee I will represent you.”
What surprises me most, however, is how few clients actually take the
time to read the Retainer Agreement. Most clients I encounter – probably 95% of
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them – merely flip to the last page and sign. To make sure my client has read the
entire Retainer Agreement at least once, I read it to them. I suspect many
immigration lawyers do the same.
The Retainer Agreement covers the scope of the immigration lawyer’s
representation and you, as a client, have a responsibility to read it and to
understand it. Do not be afraid to ask questions of the attorney. What legal
services are not covered under this agreement? What is the entire fee? How
much are the filing fees and are those fees addressed in Retainer? Does the fee
include any subsequent complications with the case? Is an appeal included?
It never hurts to ask the immigration lawyer as many questions as you can
think of concerning the Retainer Agreement before you sign it. It is your caseand your money. The immigration lawyer will appreciate your due diligence.
By carefully reading and understanding the Retainer Agreement, the client will
help improve the attorney-client relationship by coming to a mutual
understanding with the attorney and avoiding complications down the road.
12 THINGS YOU SHOULD NEVER SAY TO YOUR
IMMIGRATION LAWYER
So you’ve hired an immigration lawyer. Congratulations. What comes
next? Well, hopefully a mutually beneficial attorney-client relationship. But like
any relationship, sometimes saying the wrong thing at the wrong time can cause
trouble. This next section covers twelve (12) things that immigration lawyers
never want to hear. As I mentioned in the Introduction, these are statements
that secretly make us shake our heads. The purpose here is not to criticize you,
the client; but to have an honest, frank discussion about how to make thisattorney-client relationship work best.
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1. “I will pay anything to stay in this country.”
We appreciate your motivation but statements like this are completely
irrelevant. Some clients seem to think – and probably influenced by Hollywood– that the more money they spend on a case, the more likely it is that they will
“win the case” and be allowed to stay in the country. What those clients fail to
understand is that in the United States, more money spent on a case doesn’t
mean a better result obtained.
The very symbol of American justice is an icon called Lady Justice. She is
usually depicted with a blindfold over her eyes. The blindfold represents
objectivity: Justice shall prevail regardless of identity, money, or power.
The message Lady Justice portrays applies to immigration law. You’ve
hired a lawyer and now it is up to that lawyer to use her best skill, knowledge,
and experience to arrive at a successful outcome for your case. That’s all. Rich.
Poor. It doesn’t matter. No amount of money will bend the rules in your favor.
2. “You’re going to try your best, right?”
Although well-intentioned, this question is sometimes borderline
insulting to the immigration lawyer. Before asking this question, remember that
you are sitting in the office of a professional. The question is irksome because it
implies that the lawyer may “try her best” in some cases and “not try her best” in
others. Of course, that’s completely false. Immigration lawyers, all of us, take
pride in what we do. If we didn’t, we’d move on to another area of law. We
want to resolve your immigration law issue successfully. Asking us to try our
best is like asking a pilot if he’ll “try his best” while flying the plane. It’s a
completely silly and unnecessary thing to ask.
3. “I turned in my paper work, why hasn’t my case moved forward?”
We typically hear this question three or four months after the initial
consultation. The client hires the lawyer and the lawyer asks the client to either
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fill-out paperwork or obtain certain documentation (e.g. school records). All this
happens on Day One. The client says “ok,” and disappears for a couple months.
The immigration lawyer follows up with the client a couple times but the client
doesn’t respond. Then, one day, months after the initial meeting, the client
hands in all the paperwork. A couple days later, the client asks “Why hasn’t my
case moved forward?”
Really? It is not reasonable to expect movement on your case when the
client has been the largest delay has been obtaining the paperwork in the first
place. If you ask this question and expect immediate action on your case, when it
was you who, in fact, caused the delay, then expect a terse response.
4. “I didn’t know you were trying to contact me.”
For whatever reason, some immigration clients disappear for long
stretches of time. Please do whatever you can to make sure your lawyer can
reach you. In the old days, we used to rely solely on telephone calls and letters.
Today, you can make yourself available via Facebook, email, Twitter, or a
combination of all three. Losing contact with a client is one of the most
frustrating things immigration lawyers experience today.
5. “Do you mind if I bring my family with me to the consultation?”
This one isn’t that bad, but I put it here for those clients who abuse the
right to bring the family in to the lawyer’s office. Immigration lawyers
understand that this is a stressful time in your life. As a result, you want your
support group there with you. We get that. Where things go downhill quickly,
however, is when the family universally believes the lawyer is there to answer all
their questions; to answer all their phone calls; and to quickly respond to all their
requests for information. When a lawyer has to manage all these competing
personalities, it makes it difficult for the immigration attorney to focus on the
case at hand.
To make sure you don’t alienate your lawyer by monopolizing her time by
having different family members asking the same question, I suggest one of a
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couple things: (i) appoint one person (probably you) to be the sole contact on
your case for questions and requests (i.e. all phone calls are made by you and
you alone); (ii) ask the lawyer ahead of time “is it okay if I bring my family?”
and; (iii) ask your family to respect the lawyer’s time and attention. Doing any of
these suggestions will improve the attorney-client relationship.
6. “I called you earlier today and you never called me back.”
By far, the biggest complaint I hear from clients everywhere is “I can’t get
my immigration lawyer on the phone.” There is a reason for that: we’re
working; in court; in a meeting; or all three. Remember that we’re not only
practicing law, but we’re also running a business.
The simple truth is that immigration lawyers have a lot of clients. It does
not mean the lawyer won’t pay attention to your case, but it does mean that you
have to be patient.
In my practice, I usually take phone calls either immediately or, if I am out
of the office or busy, I have my assistant take messages. Later that day or the
next morning, I will set aside a period of time to return every phone call that I
missed earlier. Problems arise, however, when a client calls an immigration
lawyer’s office, leaves a message, and expects an immediate response.
Exercise patience when calling an attorney’s office. You may reach the
attorney immediately or you may have to leave a message and wait.
And when you do call your attorney, the best time to call is on a Tuesday,
Wednesday, or Thursday; and the worst time to call is Monday morning at 9:00
AM. Your case is moving forward, but it did not move forward over the
weekend. Give your attorney a chance to “settle in” and call on a Tuesday.
7. “I’ve talked to four immigration lawyers before talking to you
and they told me that . . . .”
Clients who call lawyer after lawyer seeking legal advice are easy to spot.
There is nothing wrong with calling several attorneys and asking questions of
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each, but it is one thing to be diligent and another to seek free legal advice.
Clients like this either admit it: “you are the fourth lawyer I’ve spoken to,” or
they know just enough key legal terms that it becomes clear that you have
spoken to several lawyers on the topic, and are now repeating stuff you have
heard from someone else.
Why does this matter?
For most immigration lawyers, it doesn’t. We are not concerned whether
we are the first or last lawyer you have called. What matters to us is the reason
why you are calling so many lawyers. Why call so many lawyers but book
appointments with no one?
Immigration lawyers know that the best way for a client to choose a
lawyer is to talk, interact, and ask questions of that lawyer. The face-to-face
interaction between lawyer and client is important. In some instances, such as
with out-of-state clients, a conference call will suffice. Either way, only after you
talk extensively with the lawyer will you be able to make an informed decision as
to who to hire.
So calling lawyer after lawyer can sometimes be a red flag. We are not
here to give you free legal advice over the phone. Nor are we here to listen toyou explain to us your interpretation of how immigration law works. We know
how it works, correctly.
8. Monday: “I would like a case update.”
Tuesday: “I would like a case update.”
Wednesday: “I would like a case update.”
Thursday: “I would like a case update.”
Friday: “I would like a case update.”
From time to time, you will want to know the status of your particular
case. There is nothing wrong with this. But if you want to be a “good” client,
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avoid calling for a case update every day or every week. Calls once in a while
(every couple weeks or every month) are fine, but don’t push it.
Immigration lawyers want to do a good job on your case and obtain the best possible result. We are looking forward to you being a happy client. So
believe me, as soon as something happens on your case, you will be the first to
know about it. Immigration lawyers do not keep your case status “secret” from
you. If you have not heard from your lawyer in a couple of weeks, the reason is
simple: Nothing has happened on your case. A large part of the immigration
law practice involves waiting for the proper federal agency to process the
paperwork. Sometimes that happens quickly, but other times it happens not-so-
quickly. But believe me, as soon as there is an update, we will call you.
Even more unacceptable than the “daily/weekly case update call” is the
unannounced office visit. Arriving at a lawyer’s office without an appointment
and demanding to be seen is completely unacceptable. Some lawyers are known
to let a client wait for hours before being seen. Remember that you are visiting a
law firm. It is a professional office. If you want your attorney to appreciate you
as a client, then appreciate the attorney’s time as well.
9. “What can an immigration lawyer do that I cannot do myself?”
This is not a question to ask the lawyer but a question to ask (and answer)
yourself. Do you think it would be better to do-it-yourself rather than to hire an
attorney? Do you feel comfortable filling-out the application and sending it in?
Are you prepared to blame no one but yourself if your application is rejected?
Immigration law is complicated and becoming more complicated with
each passing year. The “source” of immigration law comes from many different
areas. There are:
i. statutes (laws written in books),
ii. case law (opinions by judges that interpret the statutes),
iii. administrative directives (rules issued by federal agencies
such as Homeland Security);
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iv. adjudicator field manual(s).
A competent immigration lawyer is trained in the rules and regulations
that apply to your particular case. The lawyer is there to ensure things are doneright the first time. For this service we charge a fee. For our service, the client
has peace-of-mind.
Keep this in mind when hiring an immigration lawyer: If you want it
done right, and you do not want to risk doing it yourself, then pay an
immigration lawyer for his or her time to work on your case.
10. “ I have a lawyer already but I want your opinion as to whether
he or she is doing a good job.”
There are so many things wrong with this statement that I don’t know
where to begin. First, if you want to know whether your immigration lawyer is
doing a good job, set up a meeting with your lawyer so you can talk. Interact!
Ask questions! Demand answers! If your current lawyer ignores you
completely, then that’s a good sign that maybe you should look at hiring
someone else.
Second, immigration lawyers are not in the business of immigration
“consulting.” We work to provide legal services to our clients, not to critique the
work of another lawyer.
And finally, the phrase “doing a good job,” is hard to evaluate. As
discussed earlier, there are a lot of important factors to consider when evaluating
an attorney’s performance. Maybe the attorney is waiting on a response from the
government? Maybe the attorney was late in submitting your application
because you were late obtaining it? Most immigration lawyers are not going to
investigate this case just to answer your question about whether your currentattorney is “doing a good job.”
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11. “ I have no criminal convictions or arrests ,”… (but that is a lie).
The “hidden” criminal conviction is the bane of all immigration lawyers.
While it’s true that, unfortunately, a criminal conviction can have adverseimmigration consequences, clients should not, under any circumstances, hide
this information from their immigration lawyer.
The conversation usually starts off like this:
Lawyer: “Have you ever been convicted of a crime?”
Client: “No.”
Lawyer: “Have you ever talked to the police?”
Client: “No.”
Lawyer: “Have you ever sat in the back of a police car?”
Client: “No.”
Subsequently, the immigration lawyer processes the application and it is
denied by USCIS. Why? The client had a previous criminal conviction and
didn’t disclose it to the attorney. To make matters worse, by signing an
application that the client knew misrepresented his or her criminal past, the
client may have committed fraud.
It is beyond the comprehension of many an immigration lawyer as to why
clients try to hide criminal convictions. I assume the client declines to disclose
the conviction because:
i. The client has, in fact, been charged with a crime but doesn’t know it.
This is typically seen with a crime like Driving with Suspended
License, which is a criminal infraction.
ii. The client knows about the conviction but is nevertheless hopingUSCIS won’t find out about it.
iii. The client knows about the conviction but is too embarrassed to tell the
immigration lawyer about it.
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No matter what the reason, clients should never withhold information
about a criminal conviction (or arrest) from their immigration lawyers. Doing so
only hurts the client in the end.
12. “ A friend of mine filed her application after me and is already
approved, what are you doing wrong?”
Immigration lawyers dislike hearing this because the question implies any
delay is due to something the lawyer did “wrong.” But the truth is we
understand where you are coming from. If you applied before your friend and
her application is already completed whereas you are still waiting, then it makes
sense that you would want to know why.
The simple truth, however, is that immigration lawyers have no say in
how fast or slow your application is processed by the government. There are
many different variables that make a case move forward: the backlog of the
reviewing officer, the completeness of your application paperwork, and the
extent of the background check are some examples.
Different cases take different amount of times. The processing of a visa
application is not an exact science. So while we understand you frustration, keep
in mind that “what are you doing wrong?” is a strong question to ask. While
sympathetic to your situation, many lawyers will resent being asked “what are
you doing wrong” because the answer is, frankly, “nothing.”
Avoid Becoming the “high maintenance” client
There is but one more piece of advice I wish to share with you. I have left
it for last on purpose.
No matter what, above all else, most critically, and most importantly,
avoid becoming the “high maintenance” client.
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What is the high-maintenance client? A high-maintenance client is
someone who:
i.
Is rude on the phone with everyone;ii. Has unrealistic expectations about his or her case;
iii. Disrespects the attorney’s staff and;
iv. Calls repeatedly on issues that have already been discussed.
When the immigration lawyer believes that the client has become “high
maintenance,” certain things are known to happen. For instance, the attorney
may simply decide to “buffer” the client’s calls by having someone else, such as a
receptionist or paralegal, answer the call and take a message. The attorney, of
course, has a responsibility to communicate with the client, but that does notmean the attorney shall immediately take every phone call from the client
whenever the client calls.
Second, to compensate the attorney for the extra time above normal that
she spends on the “high maintenance” client’s number of calls, emails, requests
for information, etc., the attorney may elect to charge an extra fee. From the
client’s perspective , of course, this is outrageous. How dare the attorney increase
the cost of representation after a price has already been agreed upon! You may
not like it, but the bottom line is the fee you pay compensates the immigration
attorney for the time she spends on your case. If she spends more time than
what is typical, she has the right to charge you a higher amount.
And finally, although unusual, the attorney may simply fire the client.
Attorneys can fire clients?
Yes, attorneys can fire clients. In the same way a client a can fire an
attorney to hire a new one, an attorney can fire her client. This effectively willend the attorney-client relationship. This solution is extreme, and immigration
lawyers dislike it, but sometimes there is no other alternative. A client-firing
usually occurs when the client is not happy, the attorney is not happy, and
neither party is willing to compromise.
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The key to avoiding becoming the “high maintenance” client is, of course,
mutual respect. Mutual respect is critical. Without it, the attorney-client
relationship deteriorates.
CONCLUSION
I truly hope this e-book answers some of the questions you had about the
process of hiring an immigration attorney.
And always remember, your immigration attorney is there to help you; to
work with you; and to achieve the goals you have for yourself in this country.
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ABOUT THE AUTHOR
Adriana Perez is a practicing immigration lawyer in Atlanta, Georgia.
Her legal education and career started in Valencia, Venezuela, where shegraduated with a law degree from the Universidad Bicentenaria de Aragua.
Years later, in 2004, she returned to the United States where she earned both a
Masters in Comparative Law and a Juris Doctorate from the University of Miami
School of Law.
Today, Adriana is a practicing immigration attorney and passionate
supporter of immigrant rights.
For more information on Atlanta immigration attorney Adriana Perez,visit her website, www.viz-law.com.