Legal Ethics for Immigration Attorneys

The legal fees charged by attorneys are regulated by their individual state bar associations. While bar associations do not set fees and do not enforce manditory minimum and maximum rates, they do regulate fees. Most bars require "reasonableness". Basically, the fees charged must adequately reflect the work performed. Fees cannot be clearly excessive and in setting their legal fees, lawyers should take into account: the time and labor involved in the project, the skill involved in performing the service properly, the likelihood that accepting one client's case will cause the lawyer to reject another client's case, the fees charges by other attorneys in the industry, the individual attorneys qualifications and reputation in the area of practice, as well as other factors.

Clients are entitled to select an attorney who will charge and hourly rate for his/her services instead of a flat-fee or a contingent fee, but attorneys are not required to accept cases for an hourly rate.

Attorneys are required to represent their clients diligently and promplty. An attorney must also be competent to handle his/her client's case. This is more than simply the knowledge and skill to handle to case. It also involves matters of time management. An attorney must have enough time to properly handle the case. Taking on too many cases can result in missed filing deadlines, errors in filing requirements, and a general inability to communicate with the client promptly and effectively.

Another issue regarding case management is legal secretaries and paralegals handling cases. It is perfectly legal to have a paralegal work on portions of a client's case. In many cases, this can have benefits, especially in reducing the fees charged by an attorney. There are paralegals who are highly skilled at their jobs. The key to using a paralegal is supervision. An attorney must properly supervise the work of the paralegal and he/she remains responsible for the work performed.

The first step in deciding if you should file a complaint against an attorney is to determine whether you have actually been misrepresented. Simply being unhppy with the way your attorney handled things does not necessarily mean that your attorney mishandled your case. Ask yourself, "is the problem something beyond my attorney's control?" Some problems that arise in legal representation are beyond your attorney's control. Administrative delays are often beyond your attorney's control. If you feel that the mistake was an innocent mistake, you may want to discuss it with your attorney and try to reach an amicable decision. Most complaints about attorneys are not with the quality of the services rendered, but are actually about the ablity to communicate with the attorney. If you feel that your attorney is not addressing your concerns, avoiding your calls, or failing to keep you apprised of your case, contact your attorney and explain your concerns to him/her. If the problem is something more serious, such as a missed filing deadline, you can file a complaint with the Bar Associate where your attorney is licensed.

First, assess your personal expectations. Problems often arise where the client has totally unrealistic expectations about what the attorney can and cannot do, how quickly a visa can be issued, and other factors.

"John and I send you a big thank you for your part in helping me to get my K-1 Visa. My medical exam went well as did my interview at the Consulate and my border crossing. I was fortunate to have really kind officers who obviously recognized that we have a legitimate relationship. Plus, the package you put together was to their satisfaction I'm sure! I was asked very few questions by both the Consulate and Border officers. I was pleased with how friendly they were and how smooth the whole thing went."

According to costhelper.com, "Attorney's fees for preparing a full visa packet average $2,000-$3,000, but can run $4,000-$12,000 or more, depending on the nature and complexity of the case, the location, and the attorney's level of experience."

http://www.costhelper.com/cost/finance/immigration-attorney.html

If you feel that your attorney has misrepresented you, you may want to find a new attorney. However, this can be a difficult task. Many attorneys will not handle cases where the original attorney has been fired. This arises out of a fear that the client is simply unpleaseable. In other words, many attorneys fear that the client will never be happy with any level of service quality.

If you do want to find a new attorney, make sure that you carefully discuss the reasons with the new attorney. Before calling a new attorney, try to sit down and write out the exact reasons that you are unhappy with you current attorney and what you hope that the new attorney can do. This will help you explain things to the new attorneys your are interviewing.