How to Hire an Immigration Lawyer

US immigration laws are technical and often hostile. Tangled in these laws, many foreign clients are desperate to find a good immigration lawyer. This is especially true in complex deportation cases. Attitudes towards lawyers -- and attorney-client relationships -- may be very different in the client's home culture.

In this country, state bar associations are charged with protecting the public from incompetent or unethical lawyers. But clients with genuine grievances have already been hurt by bad representation. It remains the client's responsibility to find and hire immigration counsel. This spells both opportunity and danger.

The opportunity lies in finding a qualified lawyer and negotiating your fee. The internet makes both tasks easier. And because immigration law is federal, the right lawyer for your case may be across town, across state or across the country.

The danger lies in choosing a lawyer who will not get results. Remember:

1. A "bargain" fee is no bargain if the outcome is unhappy. Conversely, a fancy office and higher-than-usual fees are also no guarantee of superior legal ability.

2. Don't confuse lawyer advertising with lawyer competence. The best advertising is another satisfied immigration client.

3. Beware of lawyers who confidently predict a good result just to get your business. Immigration clients need straight talk, not false promises. For complex cases, this takes time. There is no substitute for a full client interview and case evaluation. Sometimes, this requires further legal research, perhaps even a FOIA request (Freedom of Information Act) to secure copies of the client's original A-file. Capable lawyers are always willing to provide a full analysis of the case's strengths, weaknesses and chances of success. The process itself is the best way to observe the lawyer's analytical skills and assess the reasonableness of the proposed fee.

Full case assessments usually involve a consultation fee. Clients are reluctant to pay such fees to more than one lawyer. Fortunately, there are easier and cost-free ways to narrow your choice of immigration counsel.

First, always take a few minutes to check the lawyer's disciplinary record. Just call the state bar association. Ask whether the lawyer has any disciplinary record or pending complaints. You may find that the "lawyer" you are considering is not a member of any bar association! Sadly, some persons pretend to be lawyers. They promise anything just to steal lawyer fees from vulnerable aliens.

Second, be aware that all immigration lawyers are also subject to discipline by the Executive Office for Immigration Review (EOIR) of the US Department of Justice. The EOIR publishes and regularly updates a "List of Disciplined Practitioners," alphabetically by name, retroactive to calendar year 2000. It describes each lawyer's offense and the date of the suspension imposed. You can view the chart by clicking here.

Third, just ask the lawyer tough questions about his or her practice. Good lawyers and their staff are not afraid to answer them.

1. Is the lawyer Board-Certified? Not all states offer board certification. Ask the lawyer to explain the process and its importance for you as a prospective client.

2. What is the lawyer's Martindale-Hubbell rating -- Av or Bv? Ask the attorney what these ratings mean. No sensible lawyer will knowingly advertise a Cv rating.

3. Is the lawyer a member of the American Immigration Lawyers Association? How long?

4. Does the lawyer carry malpractice insurance, and have any claims been filed against or settled with the insurance carrier?

5. Ask the lawyer point-blank whether he or she has any current malpractice or fee claims pending before any court or agency and, if so, their current status.

6. What investments has the lawyer made in staff and immigration technology? Ask how long the senior paralegals have been employed at the firm. Longterm, skilled and happy staff are a good sign that the lawyer treats both employees and clients well. Forms-preparation software and case management systems say much about the lawyer's attention to detail and ability to access your case information after you pay the retainer fee.

7. Does the lawyer provide the client with an attorney-client contract before any retainer is paid?

8. What lawyer services are included in the contract and lawyer fees and what services are not included?  For example:

• If the law firm is not near a CIS office or immigration court, does the lawyer fee include lawyer travel to those locations?

• Is lawyer travel to the local CIS office really necessary in your case? Some local CIS offices are tough on all aliens. In other CIS offices and in most routine administrative cases, document and client preparation are more important than lawyer travel to and presence at a CIS interview. See Green Card Interview Tips at this website. Discuss and negotiate this with your lawyer before signing a contract or paying a retainer fee.

• Government filing fees are a client responsibility in almost every attorney-client contract. But are current filing fees fully disclosed in the contract so that you can budget accordingly?

9. For every client, the most important questions in hiring any lawyer are, "Does the lawyer promptly return client phone calls, work quickly, automatically provide copies of all documents and filings, charge reasonable fees and get good results?"

Discuss the lawyer's phone and document-copy policies before you hire him or her. Make sure the contract fully discloses the fee and cost structures. Check the contract itself for accuracy and internal consistency -- an indication of the lawyer's attention to detail. Ask about the number of past cases the attorney has handled that are similar to yours and their results.

Note that confidentiality rules prohibit lawyers from disclosing the names of clients, past or current. Also, state bar rules rightly prevent lawyers from providing testimonials or advertising past results, because they are "inherently misleading to a person untrained in the law. Potential clients are likely to infer from the testimonial that the lawyer will reach similar results in future cases."

So where can a foreign client get good information about a lawyer's reputation and track record?

The best source is always other immigrants. Check with religious organizations, universities or ethnic societies within your community. Immigration chatrooms can help lead you to a good lawyer. Check also with other lawyers -- even non-immigration lawyers -- in the community where the attorney practices. Over time, every lawyer develops a reputation for competence and ethical conduct (or lack thereof) among his or her fellow practitioners.

The answers to these questions are important. They will help you eliminate unsuitable lawyers. They will also help you compare the credentials of qualified attorneys, understand what you are paying for, and negotiate your fee from a position of knowledge and strength.

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Please note: The information at this page is general in nature. It does not create an attorney- client relationship. You rely on it at your own risk. We urge you to consult with qualified immigration counsel for help with your own immigration situation.

Copyright 2005-2008 Everett P. Anderson. All rights reserved.