THE most important advice I can give to a person seeking legal advice is that the first opinion they obtain is not necessarily the best opinion. Often, as an attorney I am obligated to explain to a potential client that they are facing bad news. This is not something I enjoy, but the client’s right to know and my ethical obligations dictate that the client be accurately informed as to any legal and procedural issues they will confront on a particular case. In rendering my opinion, whether it be a first or second opinion on a case, I make sure that I understand every important piece of information the client is trying to tell me about their case and past experiences with attorneys handling the case. From that point of understanding, it is my job to then present a clear road map to the client explaining what must be done to achieve the result he wants and how we get there.
As an attorney, the ability to listen is the only way to truly understand the client’s goals and means of attaining them. Despite this seemingly self-evident fact, I provide consultations to hundreds of potential clients every year who have gone through life day-to-day without any idea as to the status of their legal case. Almost without exception, this client tells me that they always talk to the “paralegal” at the law firm they hired to get information, because the lawyer is “too busy.” If I were a client, I would find this type of treatment unacceptable. As a client, you are entitled to know your legal rights. More importantly, you are entitled to know your rights as a client to receive the benefit of the legal expertise and consultation you bargained for when you hired the attorney!
Most attorneys practicing Immigration Law offer free or low-cost initial consultations to prospective clients. Unfortunately, many people taking advantage of such consultations often walk away with a “new case” but no idea as to what the attorney has agreed to do for them or how. In this climate of anti-immigrant lawmaking and increasingly complicated rules governing immigration and naturalization procedures, people seeking a benefit from the USCIS should make sure they understand exactly how their attorney will handle their cases. In the vast majority of consultations I conduct where the client has a case pending through another lawyer or “immigration paralegal,” the client has absolutely no understanding of the law, or the procedures that are to be undertaken to successfully obtain the immigration benefit sought. Many times, this is the reason the individual seeks a “second opinion.” Unfortunately, thousands of people leave their fate up to the vague reassurances of their attorney, without ever receiving proper consultation on the rules that apply to their cases, or how they can assist in presenting evidence favorable to their cases.
As in any legal analysis, the first step is to identify the issue or issues that may prevent or hinder a client from obtaining the benefit he seeks. Rarely are there no issues, such that “no problem” will arise in the case. Of course, in order to identify potential issues, an attorney must not only understand the law, but must take the time to sit down with the client to make sure the representative understands completely the facts of the client’s case. This includes figuring out where in the process a particular case has confronted or will confront a problem.
Only when the facts of a case have been adequately marshaled can an attorney properly consult a client regarding the probable outcome of a case. The lawyer will not even be able to identify the correct rule of law without fully exploring the entire factual background. Once an attorney has correctly identified the issues and rules, he must then apply the facts of the case to the rules. This is the only logical manner in which to reach a valid conclusion regarding the outcome of the case. Proper legal method requires that an attorney spend the time with the client to gain a complete understanding of the facts, and analyze the case.
In any case, there are always facts that are unclear or more than one rule which may apply. These circumstances leave room for creative legal argument, but also potential problems that the attorney must disclose to the client. Sometimes, the client may hear things that he does not want to hear, however, that client is better off knowing the truth. Relying on a representative’s so-called “reputation” or “experience” is an enormous mistake, as these are no substitute for legitimate understanding of today’s complex rules.
* * *
Daniel P. Hanlon is a California State Bar Certified Specialist in Immigration and Nationality Law and a principal of Hanlon Law Group, PC, located at 225 S. Lake Ave., 11th Floor in Pasadena, California; Tel. No. (626) 585-8005. Hanlon Law Group, PC is a “full-service Immigration Law firm.” E-mail: [email protected] and www.hanlonlawgroup.com.
