In some cases, the "lawyer" might not have been a licensed attorney in the first place. These "immigration consultants" are also known as notarios in the Spanish-speaking community.
If you received a denial of your immigration case, appeal, motion, or application from the U.S. government, your attorney might seem like the natural person to blame. But don't be too quick to assume that your attorney made mistakes just because you did not receive the benefit you hoped for and requested.
If you are a noncitizen and decide to hire an attorney to represent you in a matter before Immigration Court or U. S. Citizenship and Immigration Services (USCIS), you have a due process right to competent representation.
A good immigration attorney can investigate your case, review any submissions for errors, and determine whether or not your original attorney was licensed to practice law. If you do not act quickly, you might miss deadlines that apply to new applications or court filings based on ineffective assistance of counsel.
A Denial Does Not Automatically Mean Your Attorney Made Mistakes. If you received a denial of your immigration case, appeal, motion, or application from the U.S. government, your attorney might seem like the natural person to blame. But don't be too quick to assume that your attorney made mistakes just because you did not receive ...
A good immigration attorney can investigate your case, review any submissions for errors, and determine whether or not your original attorney was licensed to practice law. If you do not act quickly, you might miss deadlines that apply to new applications or court filings based on ineffective assistance of counsel.
To be considered "ineffective," the attorney's poor performance (or lack of performance) must have materially affected ...
What Happens If Your Lawyer Wasn't Really a Lawyer at All. In some cases, the "lawyer" might not have been a licensed attorney in the first place. These "immigration consultants" are also known as notarios in the Spanish-speaking community. An immigration consultant could have made mistakes in your case or even charged you lots ...
Once you have a professional opinion about the mistakes your former attorney made, you will want to "fix" your case and try to achieve any legal remedies or compensation available to you. If you have been the victim of ineffective assistance of counsel, you might be able to reopen your case, even if the deadline for appeal has passed. The Matter of Lozada case set forth the requirements for noncitizens who claim to have been unfairly prejudiced by ineffective assistance of counsel. You must:
However, if your visa was denied because you clearly didn't meet the basic educational requirements, and your attorney told you that you would qualify for the work visa based on the information that you provided, you might be able to get other forms of relief, such as a refund of legal fees and application fees.
To be considered "ineffective," the attorney's poor performance (or lack of performance) must have materially affected the outcome of the proceedings and have been so fundamentally unfair that it prevented you from reasonably presenting your case.
A defendant who phones his or her attorney with a request for information can indicate a willingness to speak with the lawyer's associate, secretary, or paralegal. The lawyer may be too tied up on other cases to return the call personally, but may have time to pass along information through an assistant.
As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and. to respond reasonably promptly to a defendant's request for information.
Defendants should insist that their lawyers adhere to their ethical obligation to inform them about the progress of their cases. As defined by ethical rules, a lawyer's duty to keep clients informed has two primary components: 1 to advise the defendant of case developments (such as a prosecutor's offered plea bargain or locating an important defense witness), and 2 to respond reasonably promptly to a defendant's request for information.
“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”
“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.
On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.
If you feel helpless when faced with an insurance denial, please know that you might be able to appeal with the help of a qualified lawyer, says David Himelfarb, attorney. Insurance companies routinely deny long-term disability claims, for example, particularly because it’s assumed that most people don’t have access to reputable attorneys to challenge the denial. “This is where intricate knowledge of the legal and insurance process, as well as the right team of experts to prove the claim, can reverse the odds.”
In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.
Sending a letter is another good way to get your point across to your lawyer. In the letter, you may want to state a specific date that you expect to hear from them, or that you want them to complete something. While going through the stages of a divorce, there are several deadlines that your lawyer will need to meet.
Competency problems. Ethical concerns. Any of these areas can cause major concerns for people who have hired a lawyer to help protect their personal interests. If you have these types of concerns about your attorney, then you must be proactive about protecting your well-being, and proving your side of the case.
If your attorney does not reply via email, then you should call their office. A phone call is more direct and personal than an email. Since you speak to your lawyer over the telephone, you should be able to better gauge why they have not followed through with activities that you feel are important.
The best, most unobtrusive way to start getting your attorney’s attention is by sending them an email. Lawyers regularly check their emails, so it is a good way to see if someone from their office will respond to you. If your attorney does not reply via email, then you should call their office.
People have problems with their lawyers for a variety of reasons, but some of the main issues involve: 1 Fee conflicts 2 Issues involving communication or neglect 3 Competency problems 4 Ethical concerns
Once someone files a complaint about a particular lawyer with a governing board (such as the boards mentioned above), then an investigation occurs regarding the practice of that lawyer. The case is typically handed over to a grievance committee that reviews lawyers’ work and ethics.
To be proactive from the beginning of your relationship with your attorney, the first thing that you can do is to let them know your concrete expectations. Some lawyers and clients will sign a contract with one another about expected fees, timetables, and the availability of the lawyer.
If a lawyer does not fulfill those obligations then a client might be able to seek recourse for the lawyer’s behavior.
An attorney must act with reasonable diligence and promptness when representing a client. To that end, the attorney must be careful not to have a conflict of interest in the matter or with clients. Further, the lawyer must consult with and reasonably inform the client of information related to the legal matter at hand.
A client, who believes that an attorney violated his or her ethical obligations, can file a disciplinary complaint against the attorney with the state bar disciplinary committee. Typically, this involves a hearing on the client’s complaint.
Most of the Rules of Professional Conduct use a reasonableness standard in order to determine if an attorney’s conduct is appropriate. Since an attorney is a professional, the question would be one of reasonableness for other professional attorneys.
An attorney has the responsibility to provide competent representation to each client. That means that the attorney must have the legal knowledge and skill to represent the client in a particular matter and be thorough in his or her legal preparation.
In most jurisdictions, attorneys are required to take and pass a Professional Responsibility Exam prior to being admitted to the bar. Upon admittance to the bar, attorneys agree to comply with the ethical requirements of their jurisdiction. Most attorneys uphold that promise.
Clients also have the right to pursue legal malpractice claims in court. If a client successfully proves that a lawyer was negligent or guilty of misconduct and that the client suffered monetary damages as a result then the client may recover those damages in a professional malpractice lawsuit.
What can I do if my attorney is not doing his job? There’s nothing more frustrating than when you’re dealing with a lawyer not doing his job.
Hiring the right lawyer is a personal decision, and only you can decide what is right for you.
Why is it so important to hire an experienced attorney over a general attorney?
Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.
If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.
If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.
How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.
In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.
Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.
A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.
Litigation is a slow, complicated, unpredictable, expensive process. To the extent your lawyer can expedite, simplify, win, and reduce the fees, he’s the one for you . I hope you don’ t need to get the attention of your attorney. But if you do, this should help. Good luck!
Just like they don’t mind after-hours calls. Sometimes it’s necessary for you to volunteer. You’ll be surprised how receptive your attorney is to your assistance. Believe it or not, the amount of attorney’s fees is usually not a major complaint.
We know that every case is not a winner. An army of marching attorneys can’t help some clients. The key is to be able to focus on the relevant law and facts immediately, so you don’t waste the client’s money and your time. If the attorney isn’t prosecuting your case, this probably wasn’t done. You can help.
So even though it’s a killer, it’s a sure-fire attention-getter. In fact, it’s so reliable that if the attorney doesn’t respond, you’re probably better off with another.