HIRING AN ATTORNEY
Even as an attorney myself when I need to hire an attorney I cringe immediately thinking about all the stresses of working with an attorney, and how there is such a potential for it all go so wrong so fast when someone does not operate at the standard I expect, and give my clients. No one is perfect, nor won’t ever not make a mistake or fail to communicate timely at some point. Keep in mind in this process attorneys are also human beings. Perfection is an unrealistic expectation, however, there should be a basic level of care that is always met. This does not mean an attorney is meant to be at your beck and call or available 24/7.
Finding an attorney to hire is a stressful situation, and we will all typically either google, call the local bar association, or get a referral from our circle. Each has its own benefits; however, it is vital to remember that not all individuals work the same, and what one person finds to be a good attorney you may not agree with.
I recommend writing a list of the items that are most important to you when working with an attorney. Personally, I look for clear communication, direct access to the attorney, that the attorney I hire is doing the legal work themselves and not passing it off to a paralegal or associate, and that cost is crystal clear with easily identifiable milestones and what is expected for what I am paying for.
If you already have an attorney in mind or are already working with an attorney a lot of this section won’t apply to you.
When you are looking to hire an attorney, always, always, always, verify the attorney you are considering hiring is licensed and in good standing. I also recommend looking into any disciplinary actions. The majority of law practice areas require your attorney be licensed in a particular state. However, there are some areas of law practice that do not, such as Immigration Law (my primary area of practice). Immigration attorneys must be licensed in a U.S. State to practice law and remain in good standing in that state.
Licensing, Good Standing, & Disciplinary Actions
You may be wondering how to verify an attorney is licensed, in good standing, and what disciplinary actions they may have. Attorneys are licensed by a state agency, each state has a different agency that regulates attorneys. I wish I could tell you there is a single website or resource you could access to verify attorneys in one place for all of the U.S., however, since this is regulated at the state level in my experience websites that attempt to achieve a general site to check fail and are not up to date. Part of the reason is because there are shockingly still some states that don’t even have this information on a website, or don’t auto-update it at the time of issues only at certain fixed times.
You are best to check with the state agency that regulates attorney where your attorney is licensed. You will need to know which state(s) the attorney is licensed in so that you can check. If they are licensed in multiple states I recommend checking all state agencies that apply.
At the time of publishing the following is an accurate list for each state what state agency is the regulating authority for attorneys, along with the website or phone number. In cases where there is no website it is because you need to call to find out. Some websites only offer some verification, please be sure to read the page carefully to see if you need to call even if no phone number is listed. Calling should always be the best way to be 100% sure the attorney is licensed, in good standing, and has no pending disciplinary actions.
Personality Compatibility
This may seem unimportant or irrelevant, but I assure you it is not. If you do not like your attorney’s personality or they do not like you, while everyone should be professional in such a situation I personally prefer to avoid situations like this because it is very draining.
If you do not like an attorney you speak to, or they rub you the wrong way, don’t hire them!!!! I cannot stress this enough, there is a sea of capable qualified attorneys. Find someone you respect and someone, at the least, you do not dislike. I know for myself if a client does not like me, I wish they would not have hired me.
I am here to do a task/handle a matter, and if my client is constantly challenging me due to a personal dislike it makes me miserable. I always perform as needed in a professional capacity full stop. But I love my job, so I try to stay away from anything that makes me feel anything less than love. Personally, I love working with people who like me and are happy to be working with me!
Never forget you have the right to hire an attorney you like, and to not hire someone for any reason you decide. Hiring an attorney is very personal decision.
Caution Concerning Notarios, Paralegals, & anyone who is NOT a licensed Attorney
While we covered the importance of hiring a licensed attorney, to me that is not enough because we also have to cover why and how you can be tricked by unscrupulous individuals to really drive home what to avoid.
The unauthorized practice of law is something I come across way more than I ever expected in my practice of immigration law. It is rapidly spreading to other practice areas as well, I am seeing paralegals not working with a licensed attorney performing tasks they are not legally authorized to do, and this is dangerous for those in need.
Given I work in immigration I come across many prospective clients who formerly sought, and received, legal services from Notarios/Immigration Service Providers/Paralegals who misrepresent that they can assist them and are legally permitted to do so, leaving the client in an awful situation more often than not. Fraud occurs when individuals who represent themselves as qualified to offer legal advice or services concerning immigration or other matters of law, who have no such qualification, offer such services. This fraud victimizes members of immigration communities regularly.
Such representations can include false statements such as:
- that the individual is an abogado or attorney (while sometimes they are in another country they are not licensed here in the U.S. and cannot put themselves out as an Attorney here);
- that they are authorized to represent immigrants before USCIS or immigration courts when they most certainly are not;
- that they are qualified to assist in preparing corporate documents, wills, or other legal documents/paperwork – again while they are simply not;
- that they are a legal assistant or paralegal – sometimes they are in fact they do work in these positions, but legal assistants and paralegals cannot work alone they must be overseen by a licensed Attorney in the majority of situations (some states allow paralegals to perform very limited tasks on their own but it is very limited); and/or
- that they are a notario publico or notario – while the literal translation is notary public or notary, the issue is that in the U.S. notary publics are only authorized to witness the signature of forms, however in a lot of Latin American (and some European) countries notario publico is someone who has received the equivalent of a Law license and is authorized to represent individuals in government proceedings (this is not the case in the U.S.).
All these practices are deceptive and lead to many issues, especially in immigration. Notarios are NOT authorized to practice law in the U.S. or to represent an individual in immigration matters. I have had many clients come to me because his/her notario missed deadlines, completed forms incorrectly, submitted incomplete forms, filed false claims with the government, gave absolutely incorrect advice, and/or filed the wrong forms. These actions taken, or advice given, by unlicensed individuals holding themselves out to be licensed have resulted in clients being set for unnecessary deportation, missed opportunity for lawful permanent resident status due to missing key deadlines, subjected to civil and criminal liability for filing false claims, and actual deportation.
Another issue I have encountered time and time again are online immigration form services. Legally only U.S. Licensed Attorneys can give legal advice, there is a little room for others to prepare forms, but most of these agencies end up giving advice, which is simply wrong and bad advice which can completely derail an individual’s filing, and their opportunity to refile or file another way. As the Applicant/Sponsor/Beneficiary/Petitioner YOU ARE LEGALLY responsible for what you submit regardless of who prepares your forms. If you are not speaking to a verified U.S. attorney do not proceed or listen to guidance.
I hate to have to include this, but there are unfortunately quite a few unscrupulous licensed attorneys out there too, which is again why it is important to verify and check for disciplinary actions or reports of misconduct. Granted not every attorney doing the wrong thing has been reported. Trust your gut and implement common sense, for example if someone is asking for cash, does not enter a representation agreement with you, or tells you something too good to be true because you have seen 5 other attorneys telling you there is no case do NOT trust them. You must be vigilant in finding the right attorney.
I have had way too many consultations with prospective clients who ended up having no viable option to file, yet have had other attorneys tell them they did, and take their money. Ten years later nothing is filed, and when I request the file from the attorney I am told the Client was never a Client. This is a real issue unfortunately and it absolutely breaks my heart. I have also had situations where perspective clients went to a law firm who had someone associated with them who was putting himself out there as an attorney, but in reality he was not at all, he would do everything under the pretense he was an attorney no doubt paying the actual attorney to allow this. When I researched the actual attorney he had allowed this to be done before and was disciplined, yet a few years later was back at it.
Many clients hire these individuals and companies trying to save money, but in the end they pay just as much as they would pay a licensed attorney, and end up spending even more hiring an attorney to try to fix the issues hiring an unlicensed person created. Keep in mind many issues cannot even be fixed, so the cost is dearer than money.
Also remember just because your friend or cousin had a good experience with someone it does not mean they are licensed or qualified, or that you will have a good experience too.
Please do not hire anyone who is not licensed.
Please do not hire someone who asks you to pay cash without a representation agreement.
Please do not hire someone you do not feel good about.
You are responsible for who you hire and doing your due diligence.
