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Thread: Sue a lawyer or the law firm?

  1. #1
    Sue a lawyer or the law office?

    Hello,

    I need your help - this is not about me but about my friend but I am trying to find any solution so maybe you can help. In 2005 my friend opened a case (immigration issue - adjustment of status through employment). The lawyer - at that time solo practitioner - charged him about $4,000. Everything seemed to be fine until 2007 when the lawyer joined a law group (as 'of counsel'). At this point the lawyer charged my friend $7,000 (paid through a credit card) and the receipt was issued by the law firm, all documents were sent to immigration on the law firm's business stationary; the applications were signed ('prepared by') the law firm. In April 2008 my friend (I should say - my friend's employer) received a request for additional evidence. The case was clearly not approvable one because the company has no net income, no assets whatsoever. The other lawyer form the law office (no G-28 was signed for the second lawyer) sent the requested documents to immigration.

    The answer from the USCIS was clear - the case was denied.

    Now my friend called the law firm (in the meantime the first lawyer retired) and asked the law firm to return his $7,000 that was paid as legal fees as the case was clearly not approvable; my friend lost his legal status and even the lawyers from the law firm told him that it was a huge mistake to submit the documents to USCIS because there was no way my friend could get a green card.

    However the law firm states they cannot give him his money back because they did not work on his case and they are not responsible for anything.

    Any idea what to do? Write a letter to the law firm? Or go to court?

  2. #2
    Sue a lawyer or the law office?

    Hello,

    I need your help - this is not about me but about my friend but I am trying to find any solution so maybe you can help. In 2005 my friend opened a case (immigration issue - adjustment of status through employment). The lawyer - at that time solo practitioner - charged him about $4,000. Everything seemed to be fine until 2007 when the lawyer joined a law group (as 'of counsel'). At this point the lawyer charged my friend $7,000 (paid through a credit card) and the receipt was issued by the law firm, all documents were sent to immigration on the law firm's business stationary; the applications were signed ('prepared by') the law firm. In April 2008 my friend (I should say - my friend's employer) received a request for additional evidence. The case was clearly not approvable one because the company has no net income, no assets whatsoever. The other lawyer form the law office (no G-28 was signed for the second lawyer) sent the requested documents to immigration.

    The answer from the USCIS was clear - the case was denied.

    Now my friend called the law firm (in the meantime the first lawyer retired) and asked the law firm to return his $7,000 that was paid as legal fees as the case was clearly not approvable; my friend lost his legal status and even the lawyers from the law firm told him that it was a huge mistake to submit the documents to USCIS because there was no way my friend could get a green card.

    However the law firm states they cannot give him his money back because they did not work on his case and they are not responsible for anything.

    Any idea what to do? Write a letter to the law firm? Or go to court?

  3. #3
    Tough call.

    The trouble your friend is going to have here is that the lawyer will argue that they did the work and that it's not their fault the case was denied.

    If he is determined, he should go after the specific lawyer that worked on his case. The law firm already said - and quite rightly - that they didn't work on his case. The lawyer did.
    --------------------
    "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

  4. #4
    GOOD LUCK!

    Doesnt Work Like That Here!!!!

    Judges, Lawyers. All Attend Same Activitiies Here. Know All!!!

    Maybe In Other Places????

    Sad Truth!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  5. #5
    Constitution has given us the right to sue the **** out of anyone. So go after everyone full force especially those filthy lawyers, stupid judges, moron lawmakers, idiot Presidents and VP. Did I miss anyone? Did I miss any important adjective?

    This is today's America....Follow the law and you get screwed, break the law and you get rewarded.
    I am not racist. I am not anti-immigrant. I am AGAINST CRIMINALS, FRAUDSTERS, WHO DISOBEY THE LAW, BREAK THE LAW AND PERPETRATE THE FRAUD.

    You may not like what I have to say but that does not mean I am wrong.

  6. #6
    WUSC, have you been taking notes from Cheryl?
    --------------------
    "I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them. " - Thomas Jefferson

  7. #7
    Dear MWJ:

    Your statement: "...Any idea what to do? Write a letter to the law firm? Or go to court?"

    My response: I was cruising the boards and saw your post. The federal agencies I listed below will ensure that the attorney involved is disciplined IF AND ONLY IF he/she has violated the law. While I CANNOT guarantee that you will receive the response you want from these agencies, I believe you will receive a truthful answer.

    GROUNDS FOR IMPOSING SANCTIONS AGAINST AN IMMIGRATION PRACTITIONER:

    "Disciplinary sanctions may follow if, among other things, a practitioner has been found to have engaged in conduct that constitutes a violation of one or more of the following grounds:

    1) Charging a grossly excessive fee;
    2) Engaging in bribery or coercion;
    3) Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
    4) Soliciting professional employment a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
    5) Is or has been subject to a final order of disbarment or suspension, or has resigned with an admission of misconduct, by any State or Federal court;
    6) Knowingly or with reckless disregard makes a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
    7) Engaging in contumelious or obnoxious conduct;
    8) Has been convicted in any State or Federal court of a serious crime;
    9) Falsely certifying a copy of a document as being true and complete;
    10) Engaging in frivolous behavior;Engaging in conduct that constitutes ineffective assistance of counsel; and
    11) Repeatedly failing to appear for scheduled hearings in a timely manner without good cause."

    There are 2 federal agencies you can conduct, but you must first describe your situation to make sure that you file your complaint in the right place.

    Contact this one first:
    Rachel McCarthy
    U.S. Citizenship and Immigration Service
    U.S. Department of Homeland Security
    70 Kimball Avenue
    Room 103
    South Burlington, VT 05403
    Tel. (802) 660-5043
    Fax: (802) 660-5067

    2)United States Dept. of Justice--Executive Office for Immigration Review

    Office of the General Counsel
    5107 Leesburg Pike, Suite 1902
    Falls Church, VA 22041
    Tel.: (703) 305-0470

    One last thing: I noticed that one of the cyberposters on this board where uploaded your post made a disparaging comment about me. Please do not allow his or anyone else's statements about me dissuade you from getting the help you need.

    You do not need to like me. All you need is good advice. I left the telephone numbers of the federal agencies that you can call to verify that the information that I gave you is true. It is your choice to use it.

    If you wish to contact me, please visit http://www.thecrimesofsenatoruzamere.com.

    I hope that I was able to help. It make no sense to live a life without helping others.

    Peace.
    I AM A VICTIM OF A GREEN CARD MARRIAGE SCAM. THE PERPETRATOR IS SENATOR EHIGHE EDOBOR UZAMERE. THE IMMIGRATION ATTORNEYS WHO PROVIDED SERVICES THAT HELPED HIM USE SUBTERFUGE TO TRICK ME ARE ALLEN E. KAYE AND HARVEY SHAPIRO. THIS IS THE TRUTH -- AND

  8. #8
    CHARGING A GROSSLY EXCESSIVE FEE????

    Thats "ALL" Lawyers!

    There Must Be a Recycle Bin for the Complaints No one Knows About!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  9. #9
    I Like!
    USC and Legal, Honest Immigrant Alike Must Fight Against Those That Deceive and Disrupt A Place Of Desirability! All Are Victims of Fraud, Both USC and Honest Immigrant Alike! The bad can and does make it more difficult for the good! Be careful who y

  10. #10
    Someone12
    Guest
    this case just demonstrates that, like tv evangelists, immigration attorneys promise things they have NO power to deliver (like the front row seat in heaven)...and when the GC doesn't arrive, they disappear with the cash...let this be a warning...if you have an honest case, there is NO need to shell out thousands of $$$ to some greedy immigration attorney...

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