Location: 674 Aaron Court, Kingston, NY
Mailing Address: PO Box 3238, Kingston, NY 12402
Contact: Tel (347.245.7078) Email: lawyer@hudsonvalleyimmigrationlaw.com
All attorneys in the United States are governed by ethical guidelines dictating their duties to the clients, the justice system, and our society as a whole. Below is a list of the ethical issues that, in my experience, are the most important to explain to my clients. I am governed by the laws regulating lawyers in New York State, and in any other state in which I represent my clients. I am also regulated by the regulations which govern immigration lawyers throughout this country. And finally, like any person, I have my conscience.
My Obligations to the Justice System and to my Country
As an immigration lawyer, I am sworn to uphold the justice system. In the post 9/11 era, my role as an immigration lawyer has become more critical not only to the justice system, but to the safety and integrity of American Society as a whole. This means that I cannot file any document or make any statement I know to be untrue. This means that I cannot conceal any fact that could disqualify a client from obtaining an immigration benefit. This means that I cannot seek any immigration benefit for which I know my client to be ineligible. While almost all of my conversations with my clients are protected by lawyer-client privilege, I cannot use this privilege to mislead or obfuscate the justice system.
If at any time my client requests that I do anything unethical, I have the right to terminate or to seek to terminate my representation of my client without notice.
My Obligations to My Clients, and Their Limits
Once I have agreed to provide you with my services, I must do so with due diligence and in a professional manner. Once you have engaged me, I will be obligated to advocate for you. That means doing the work that has to be done, whether at night, on weekends, or during holidays.
I must know all of the relevant facts in your case and competently represent you until the scope of our agreement has been completed.
I must prepare you for issues that may lead to the denial of your case or that may hurt your case. I must prepare you to defend yourself and show the decision maker in your case every truthful fact that can help you.
I must return your communications to me, whether via personal contact, phone, or Email, in a prompt fashion.
I cannot take your money to further a case without explaining to you as to the chances, if any, of success.
While it is my job to be your advocate, it is not my job to mislead you or lead you to believe that things will turn out in a positive way when it is obvious to me that things will turn out this way. My job is not to pander to you. It is to advise you of your legal options and to prepare you for possible outcomes. But while it is not my job to paint a rosy picture for you, it is nonetheless my job to support you and to give you the confidence that you need when you need it in order to prevail on the basis of the facts of your case.
If at any time you want to fire me, you can. My fees are based on my experience as to how many hours it will take for me to complete my representation of you, at a rate of $150 per hour. That means if you have paid me $1500 and I have worked only 5 hours on your case, I am obligated to return $750 to you.
If at any time I decide that I don't want to be your lawyer any more, I cannot do so. Once we have signed a retainer agreement, I am obliged to provide you the services described in the retainer, unless during the progress of the case I cannot continue in an ethical manner or you become uncooperative with me.
I am not obligated to take on any particular case, or to provide you with legal services not included in any agreement that we have executed.
If you hire me for one type of case, I am not obligated to represent you in any other matter. For example, if you hire me for a consultation, upon the completion of the consultation I will not be under obligation to provide you with other legal services.
In certain cases, I will only be able to terminate my representation of you only if I get the permission of the decision maker in your case. For example, if you hire me to represent you in a Removal Proceeding before the Immigration Court, and I have already filed a Notice of Appearance with the Court, I can't just walk away from you. I would need the Court's permission to do so.
My Client's Obligations to Me
Once you become my client, you must cooperate with me and respect me. I may be able to terminate my representation of you if you will not help me prepare your case or if you treat me in a disrespectful manner.
You must fulfill the terms of our written agreement. If we agree on a certain payment schedule, you must adhere to that schedule. If you fail to pay me as specified in our retainer agreement, I can either terminate my representation of you, or, where applicable, ask permission from the relevant decision-maker that I may withdraw my representation of you.
If we agree that you will provide me with certain documents by a certain date, and you fail to do so, it is not my job to do this work for you. In any case, some of the work will be left to you. This issue most often arises when a client promises to provide me with certain documents, or with certain documents and proper translations, and fails to do so.
My Own Personal Ideals in Protecting the United States
Our country was founded upon the ideal that people could come to the United States to escape persecution and to make better lives for themselves. I believe in advocating for people without legal status who nonetheless qualify for immigration benefits under current law.
At the same time, I consider myself in the line of defense in protecting our country from terrorists, people who are violent, or people who believe in forwarding political, social, or religious ideologies with violence. I also believe that our country should not be a haven of those who advocate racism or religious bigotry, sympathizers with terrorists, people who advocate totalitarian political systems, or for people who have committed what I consider morally reprehensible crimes. In certain cases I will nonetheless advocate for a person who has committed a crime, if they disclose this crime to the proper decision maker, if they qualify for a pardon due to mitigating factors, and if I myself consider the crime not to be unpardonable from a moral point of view.