Immigration Attorney Conflict of Interest

[calicowest]

Good Afternoon Board,

I have been informed by an Immigration Attorney, that if the attorney who completed immigration documents for the husband and I continue to work for my hushand is in conflict of interest because of dual representation. I contacted this dual immigration attorney by phone and mention this conflict to her, and she told me to go after her, and hung up the phone on me. Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation?

[calicowest]

Good Afternoon Board,

I have been informed by an Immigration Attorney, that if the attorney who completed immigration documents for the husband and I continue to work for my hushand is in conflict of interest because of dual representation. I contacted this dual immigration attorney by phone and mention this conflict to her, and she told me to go after her, and hung up the phone on me. Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation?

[Michael (Power of Ilw)]

She never represented you. Did you pay her any retainer? Was there any consultation session between you two? I don't see any conflict of interest.

[calicowest]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
She never represented you. Did you pay her any retainer? Was there any consultation session between you two? I don't see any conflict of interest. </div></BLOCKQUOTE>

FYI....

Dual representation is the most important area of legal ethics for immigration practice. The paradigm of legal representation is a relationship between one lawyer and one client. Sometimes a lawyer repre-sents more than one client in the same matter. Such representations are called "dual" or "multiple" or "joint" representations, and the clients are called "co-clients." Multiple representations in immigra-tion practice typically involve two clients, and hence the standard label is "dual" representation.



In con-trast, immigration practice is a unique area of Ameri-can law in that the great majority of cases are dual representations, because the majority of cases involve a petitioner (typically a U.S. citizen, in family immi-gration cases, or a U.S. employer, in employment-based immigration cases) who petitions the govern-ment on behalf of a foreign beneficiary.

Based on study and debate for over 10 years, this author believes that in all immigration cases involv-ing a petitioner and a beneficiary, the lawyer has a lawyer-client relationship with both the petitioner and the beneficiary, with only one exception. The only exception are situations where the petitioner and the beneficiary are each represented by a differ-ent lawyer. The law may evolve to carve out excep-tions and nuances. At the moment, however, this principle stands, no matter who started the relation-ship with the lawyer, no matter who pays the fee, no matter how attenuated the lawyer's contact may be with petitioner or beneficiary, and even no matter if the lawyer has attempted to exact a disclaimer of representation from either petitioner or beneficiary.

[calicowest]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
She never represented you. Did you pay her any retainer? Was there any consultation session between you two? I don't see any conflict of interest. </div></BLOCKQUOTE>

Based upon the trained and licensed Immigration advice, when the immigration attorney signed the I-130 to begin the immigration process for my husband, I was the primary client, regardless of who paid her, and yes, we both were at her office completing documents throughout the process until we separated. You dont see a conflict, what's your experience to say that.

[Michael (Power of Ilw)]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
She never represented you. Did you pay her any retainer? Was there any consultation session between you two? I don't see any conflict of interest. </div></BLOCKQUOTE>

Based upon the trained and licensed Immigration advice, when the immigration attorney signed the I-130 to begin the immigration process for my husband, I was the primary client, regardless of who paid her, and yes, we both were at her office completing documents throughout the process until we separated. You dont see a conflict, what's your experience to say that. </div></BLOCKQUOTE>

Lady she only completed I-130 and now representing your husband. What is wrong with it? This is not a criminal or civil trial where she cannot represent him. If anything related to immigration fraud has to happen, it will be between US Govt and him. Not between you two.

[Michael (Power of Ilw)]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:

Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation? </div></BLOCKQUOTE>

She is under no obligation to inform immigration authorities. As a matter of fact, no one is under obligation to report immigration crime. Yes, if it were a criminal then you have to but immigration laws are not treated as criminal. Second, an attorney cannot report his/her own client.

[calicowest]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
She never represented you. Did you pay her any retainer? Was there any consultation session between you two? I don't see any conflict of interest. </div></BLOCKQUOTE>

Based upon the trained and licensed Immigration advice, when the immigration attorney signed the I-130 to begin the immigration process for my husband, I was the primary client, regardless of who paid her, and yes, we both were at her office completing documents throughout the process until we separated. You dont see a conflict, what's your experience to say that. </div></BLOCKQUOTE>

Lady she only completed I-130 and now representing your husband. What is wrong with it? This is not a criminal or civil trial where she cannot represent him. If anything related to immigration fraud has to happen, it will be between US Govt and him. Not between you two. </div></BLOCKQUOTE>

Besides your opinion, what authority or experience you have to back-up your knowledge of this subject? Please explain in detail.

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
Good Afternoon Board,

I have been informed by an Immigration Attorney, that if the attorney who completed immigration documents for the husband and I continue to work for my hushand is in conflict of interest because of dual representation. I contacted this dual immigration attorney by phone and mention this conflict to her, and she told me to go after her, and hung up the phone on me. Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation? </div></BLOCKQUOTE>

Hi Calico,

Is the immigration attorney representing your husband in the divorce? I guess I'm confused.

[calicowest]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
Good Afternoon Board,

I have been informed by an Immigration Attorney, that if the attorney who completed immigration documents for the husband and I continue to work for my hushand is in conflict of interest because of dual representation. I contacted this dual immigration attorney by phone and mention this conflict to her, and she told me to go after her, and hung up the phone on me. Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation? </div></BLOCKQUOTE>

Hi Calico,

Is the immigration attorney representing your husband in the divorce? I guess I'm confused. </div></BLOCKQUOTE>

No, she is representing him in Immigration matter only, she has requested a duplicate green card for him, changed of address, and she is assisting him trying to remove conditions on his conditional greencard coming up at the end of this year.

[ProudUSC]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
Good Afternoon Board,

I have been informed by an Immigration Attorney, that if the attorney who completed immigration documents for the husband and I continue to work for my hushand is in conflict of interest because of dual representation. I contacted this dual immigration attorney by phone and mention this conflict to her, and she told me to go after her, and hung up the phone on me. Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation? </div></BLOCKQUOTE>

Hi Calico,

Is the immigration attorney representing your husband in the divorce? I guess I'm confused. </div></BLOCKQUOTE>

No, she is representing him in Immigration matter only, she has requested a duplicate green card for him, changed of address, and she is assisting him trying to remove conditions on his conditional greencard coming up at the end of this year. </div></BLOCKQUOTE>

There are a few others here who might know the answer to your question, Calico. I haven't seen them logged in today, but they'll probably check in soon. Await their replies. Good luck.

[SonofMichael]

I received one of the highest scores ever recorded on the MPRE (Multistate Professional Responsibility Exam). It is not a conflict of interest if proper procedure was followed. The lawyer should have contacted you to tell you that she is no longer representing you and should have returned all of your files to you. She may use any information given in the joint representation; you waived that when you saw her together as far as that is concerned. Your best cause of action is against the spouse. Going after attorney is a diversion of your time and energy.

[Michael (Power of Ilw)]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Michael (Power of Ilw):
She never represented you. Did you pay her any retainer? Was there any consultation session between you two? I don't see any conflict of interest. </div></BLOCKQUOTE>

Based upon the trained and licensed Immigration advice, when the immigration attorney signed the I-130 to begin the immigration process for my husband, I was the primary client, regardless of who paid her, and yes, we both were at her office completing documents throughout the process until we separated. You dont see a conflict, what's your experience to say that. </div></BLOCKQUOTE>

Lady she only completed I-130 and now representing your husband. What is wrong with it? This is not a criminal or civil trial where she cannot represent him. If anything related to immigration fraud has to happen, it will be between US Govt and him. Not between you two. </div></BLOCKQUOTE>

Besides your opinion, what authority or experience you have to back-up your knowledge of this subject? Please explain in detail. </div></BLOCKQUOTE>

What the hell is wrong with you woman? Do you ask everyone on this forum to provide their credentials before you take their opinion into consideration? Seems to me its not your husband but you who has mental illness. In a public forum when one posts the question, he or she should be ready to get answers from unknowns. Do you think any lawyer is going to surf here to provide answers for free? They are busy out there minting money.

[swissnut]

I see nothing unusual in an alien retaining the initial immigration attorney to continue the immigration process, even after divorce. In fact, it seems logical to me. Why get another individual when this ojne has familiarity with one's case?

I think you, calicowest, are grasping at straws in trying to cite an immigration attorney of wrong-doing, rather than to focus on the "slam-dunk" case you claim you have. Why are you even bothering with this attorney? Have you retained him/her? If not, then what's the issue?

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by ProudUSC:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by calicowest:
Good Afternoon Board,

I have been informed by an Immigration Attorney, that if the attorney who completed immigration documents for the husband and I continue to work for my hushand is in conflict of interest because of dual representation. I contacted this dual immigration attorney by phone and mention this conflict to her, and she told me to go after her, and hung up the phone on me. Over a year ago, I phone her to tell her about my husband concealing his mental illness for U.S. Immigration medical application, and she ask me what she wanted her to do about that, I told her I wanted her to inform Immigration. In hindsight, she was representing me too, and she failed to comply with my request. My husband is currently represented by her, and I didnt not waive or elected to allow him to be represented by her. She is well aware I have revoked my i-130 Petition and in family law court annulling marriage based upon fraud. Does anyone her have had experience of conflict of interest with Immigration attornery dual representation? </div></BLOCKQUOTE>

Hi Calico,

Is the immigration attorney representing your husband in the divorce? I guess I'm confused. </div></BLOCKQUOTE>

No, she is representing him in Immigration matter only, she has requested a duplicate green card for him, changed of address, and she is assisting him trying to remove conditions on his conditional greencard coming up at the end of this year. </div></BLOCKQUOTE>

[calicowest]

Swissnut,

I have not began any process of citing the immigration attorney. Do you have information that I began that process? I was inform there is a conflict of interest, and with this knowledge I have became aware of it. I am not grasping at any straws or sticks for that matter. When one becomes aware, then one gains knowledge.