Landing on another planet
An immigrant, legal or not, may sometimes feel as if he or she has landed on another planet when in America, especially when facing the legal complexities of the immigrants’ situation. And it’s not just immigrants who face the dilemmas of law. From time to time, every individual in America faces legal conundrums and needs advice or representation. When they seek counsel, the choices offered are awesome and overwhelming.
Screaming attorneys
On television attorneys yell at us to affirm their ability to ring every last drop of financial blood from insurance companies. Smiling faces loom on billboards overlooking the free-ways, the signage showing 800 numbers and guaranteeing results. Yellow pages or internet listings include “Guaranteed Criminal Defense Lawyer” or “Aggressive Attorney.” Some in search of immigrant prey promise “Labor Certification” or “Guaranteed Green Card.”
Watching what they wish for
Faced with this cacophony of aggressiveness and guaranteed results, individuals should be careful what they wish for and watch very carefully what they get. Immigrants, because of cultural differences and language barriers, have to be particularly careful. A sad but common story involves attorneys who draw up Labor Certification papers that just state the immigrant isn’t replacing any American worker. These offer no protection for an immigrant’s right to work. Some attorneys never divulge that fact as they collect their fees and the client confidently sets off to seek a job—only to face disappointment and grave legal consequences, including deportation.
Eeny, meeny, miny, moe
Most folks, immigrant or not, usually rely on the advice of friends, family members, or colleagues to find competent legal advice or representation. Indeed, the best way for an individual to find a decent attorney is to rely on the good or bad experiences of those around them. Unfortunately, not all have this network to rely on. Sometimes the choice comes down to doing an “eeny-meeny” search in a business directory.
Cautionary guidelines
No matter how one comes to hire a particular attorney, it is incumbent upon the individual to be sure their counselor is competent. Following are some cautionary guidelines (along with a few cautionary jokes):
In your face. The guy who has the most commercials or who’s face shows up on the most billboards, may not be the attorney who is right for you. Do you really want a screaming attorney or one who has ads plastered everywhere?
(What’s the trouble with attorneys? Ninety-eight percent of them give the rest a bad name.)
Upfront on fees. An competent attorney will thoroughly explain his or her fees to the prospective client. Don’t sign anything until the situation is completely understood—what is covered and what it will cost. Fees are based on the experience of the attorney and the complexity of the case. If you can’t get some form of fee confirmation, find another attorney.
(It was cold last winter! How cold? I saw a lawyer with his hands in his own pockets.)
Full disclosure and honesty. Many attorneys themselves will say that these qualities may be hard to come by nowadays. Many attorneys withhold vital information to the client so that they can close the deal and get the retainer. Know everything about your case or circumstance. Ask lots of questions. If answers aren’t quick and forthcoming, find another attorney.
(What do dinosaurs and decent lawyers have in common? They’re both extinct.)
Talking or listening. Does the attorney listen more than he talks? If he is talking more than you, he may not be understanding your concerns. Not returning calls to clients or non-responsiveness are the causes of many complaints against attorneys. Find another attorney.
(How can you tell when a lawyer is lying? His lips are moving.)
What you should expect. This bit of advice is key to immigrants, but it is an example for all folks. In cases where a client can get deported or detained, an attorney should tell them point blank that they are taking a risk and make them very aware of the consequences. A good attorney will promise 110-percent effort, but should never guarantee success. A surprising number of lawyers guarantee success just to get the retainer fee and close the deal. Guarantee fade away.
(What’s the difference between a lawyer and a liar? The pronunciation.)
Don’t let the joke be on you
Many funny lawyer jokes are out there, but when a client loses a home, or goes to prison, or gets deported due to an attorney’s negligence or incompetence, people suffer and the harm may be irreparable. When competent and honest attorneys take on cases from other attorneys, all too often they find its too late to help the client because their previous lawyer failed to advise them properly, or purposely gave them the wrong advice just to get the retainer fee. Some attorneys use their knowledge and influence to prey on the novice and the unknowing.
Vipers and angels
In spite of the joke above about 98 percent of attorneys being dishonest; well, it’s not true. In reality it’s probably a fifty-fifty draw or better. They are not all vipers. An individual just needs to approach any attorney with caution. If anything feels a little off or confusing, the client should find another attorney. Gut feelings are often good feelings. But understand that there are many who went into the practice of law because they sincerely like helping folks with their problems and forging good outcomes. With a little care, it’s possible for an individual to find that one angel who will carefully lead his client through this strange legal land.
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Lazaro Law Group, Professional Corporation represents immigrants all over the United States and US Embassy in Manila. The firm’s offices are located in San Francisco, Makati City (Philippines), and Fremont, Union City California. Attorney Johnson Lazaro can be reached at (415) 278-9577 or toll free at (877) 552-9276. His email is This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
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This article should not be taken as legal advice for any individual case or situation. The information is intended to be general and should not be relied upon for any specific situation. This is not meant to create a lawyer-client relationship.
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