(Yet Another) Fire the Lawyer Thread

[EmmillJ 1]

Hello all,

My husband and I hired a lawyer that our families recommended to us. Initially we had put together an application for AOS using the information we had gotten through this site and others and were going to do it ourselves, but we listened to our family. We met with him on April 18th, handed him the file including all USCIS fees and half of his fee. We decided to give him the other half later, after the process had started. He said that he mailed it out May 10th but we haven't received an NOA1 yet. I knew something was off since June and asked about it here. He claimed that they had issued an RFE but that he was working on it. It turns out, he only recently mailed it and they received it last Monday, three months after we had hired him in the first place. We want to pull him from our case without causing anymore delays or problems for ourselves. He said if we come in, talk to him, and sign a release form he will give us a partial refund and my file back, but our family advised against this and thinks that we should hire another lawyer to go after the first one instead. We honestly do not know what to do. We don't have money to keep hiring more lawyers (I cannot work and I was hoping I'd be working already), but we also don't want to end up in a worse position than we are in now.

[EmmillJ 1]

Also, is there a way for us to alert other people so that they don't hire him and avoid going through what we went through? We were worried that our application was in trouble when he hadn't even mailed it out yet.

[Harpa Timsah 13,258]

Ugh! That is so annoying! If you feel comfortable filing on your own, then why hire a new lawyer? Be careful of what his "release" says when you sign it.

[Barbara J 115]

Also, is there a way for us to alert other people so that they don't hire him and avoid going through what we went through? We were worried that our application was in trouble when he hadn't even mailed it out yet.

You can do AOS all on your won you do not need a lawyer and don;t listen to your family forget about lawyers unless your case is super complicated then it is easy as ABC

[Max1gk 68]

It truly blows my mind how anyone would want to waste money on immigration ambulance-chasers ,who are notorius for being totally incompetent, when with a website like VJ and Its low-IQ proof preparation materials they can easily do the job by themselves. This is like the 21st bad story about petitions with lawyers involved I've heard about so far. Do it yourself people,learn form the mistakes of others.

Edited July 25, 2011 by Max1gk

[Aloe 10]

The only time you are going to need a lawyer is if your case is complicated! As it was mentioned before watch what the lawyers release says and make sure he returns all of your documentation. I personally was super nervous about doing it myself but the system VJ has in place is literally spoon feeding you what you need and the awesome member base here will help you out with whatever they can. I would definitely if possible ditch the lawyer and move on without one although again I would only advise this if you do have a straight forward case.

It will save you a lot of money and you can make sure things get done when they should! Goodluck!

[EmmillJ 1]

Words cannot express how much I wish I hadn't gone with one, but my case is complicated so our families scared us into hiring one. I was brought here as a baby and didn't know my status until after I had turned 18 and went away to college. By then I would have faced a 10 year ban. So long story short I came legally but over 20 years ago on my mother's B-2 visa, before everything became computerized We were afraid that the overstay would count against me.

[Aloe 10]

In that case I am not sure if a lawyer would be necessary or not. Hopefully a more experienced VJ member will be able to advise you....

[EmmillJ 1]

Still, thank you guys for your input, we do appreciate all of the info VJ member are willing to share. It has helped us to come this far.

[Lilly1 2]

Is your husband a USC ?

If so overstay will be forgiven

[EmmillJ 1]

He is a USC, and after reading a ton of threads here we have a way better handle on the process than we did when we started over 2 years ago.

We're still not sure about how we can fire the lawyer. Some threads say just write USCIS a letter to that effect, but does he (the lawyer) need to write one too? Can I do that if we still haven't received the NOA1 yet? Is there anyway that he could interfere with our application? We decided not to meet with him to sign anything and he is upset and, not to be paranoid, we do fear retaliation.

Edited July 25, 2011 by EmmillJ

[Deputy Purple 1,294]

Tell the lawyer to provide you with the exact document (release) he wants you to sign so you can have it reviewed by another lawyer. Also get his written commitment to the amount of refund he is offering if you sign the release.

[EmmillJ 1]

Thank you for replying, Bob4Anna.

I sent him an email requesting the completed file that he sent into USCIS, a copy of the check he used to pay the fees, and a copy of the release form that he wants us to sign for our review. Let's see what he says (and hopefully he replies)

[Casprd 167]

It truly blows my mind how anyone would want to waste money on immigration ambulance-chasers ,who are notorius for being totally incompetent, when with a website like VJ and Its low-IQ proof preparation materials they can easily do the job by themselves. This is like the 21st bad story about petitions with lawyers involved I've heard about so far. Do it yourself people,learn form the mistakes of others.

Unfortunately not everyone knows about this site and many people only find it after tha attorney screws up or there is a problem. I didn't know anything about this site and only found it after another person I know recommended it. If it hadn't been for that, I would have never looked for a visa forum at all. In this case they did, but family pressure can be a big influence. The visa process is a big and important step that many people try to make the best decision on how to approach it but their best intent doesn't always work out. It truly blows my mind that anyone would chastise someone for making an understandable decision that just didn't turn out well.

It doesn't hurt talking to another attorney and get their opinion on whether you have any legal recourse against the first attorney. If you do opt for getting half your money back, be very very careful about signing anything he presents to you without another attorney looking at it. You can report him to the local bar association and the better business bureau, but I don't know that most people check these places before hiring an attorney.

[Brit Abroad 166]

No doubt your lawyer IS upset, and probably concerned that you could sue him for incompetence, failing to act in your best interests and acting against the Model Rules by lying to you about a non-existent RFE (basically, misconduct).

Have a read at New York Bar Association (the body that regulates lawyers in NY). More specifically, take a look at the Client's Rights and the Model Rules of Professional Conduct.

Of course you can fire the lawyer. You should definitely terminate his services immediately. Write a letter outlining that you are terminating with immediate effect because he acted unethically by withholding your application for three months AND lying to you. Subject to any agreement you signed about what paperwork he may retain lawfully, you should request all paperwork required for your process be returned immediately. If you wish to forward a copy to USCIS and advise them that you are now the contact point for your application, that is up to you. Otherwise, just write a letter to them notifying that he is no longer representing you and giving the new point of contact address.

In order to get any monies back from this lawyer, the release is possibly an attempt for you to waive your right to take action against him for his behaviour. Take someone who understands legalese if you opt to go down this route.

There is a huge wealth of knowledge on the internet and, if you feel your understanding is decent, that should enable you to wade through the paperwork. If you're concerned, get a fixed fee appointment with an immigration attorney or visit Laurel Scott's site. In this day and age pay for what you get, not what the lawyer wants you to have.

Best of luck, OP.