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Pagina extraida do site do
escritorio advocaticio
Carl Shusterman
Finding a Damn
Good
Immigration Attorney
PART
TWO
Pages 1, 2
Finding
Information:
The Web
is a place where anyone can be published. Fancy software
can make a site look impressive while providing no other
certainty that the information on it is correct. Of course,
this is true for all subjects, but it can be a serious
matter when it comes to immigration issues.
Pay attention
to how often a site updates. Look for those that update
daily or weekly and which provide or link to the most
up-to-date processing times, waiting times and visa bulletins.
Find
out who hosts the site, what their credentials are and
what sources they use. Be wary of those who make wild
promises and sound too good to be true. There are no magic
fixes in immigration. Under various circumstances, even
marriage to a US citizen may not guarantee anything immigration-wise.
Wild promises indicate a certain lack of responsibility
and may even hint at fraud.
Once you've educated yourself in the basic immigration
ins and outs, and hopefully not before then, it's time
to chose an attorney, there are many things that you can
use as an indicator.
"Help!
Where and How Do I Find a Good Attorney?!"
Most
cases can be handled from afar, says Greg Siskind. "Only
cases where an [INS or court] appearance is necessary,
really require a local attorney," eh points out. "Although
travel expenses are usually not that high for most cases,"
the Tennessee attorney maintains, "we can either hand
pick local counsel, or work in association with
a lawyer located in your area."
Located in Los Angeles, California, The Law Offices of
Carl Shusterman also take many long-distance cases, says
Shusterman, and eh is very familiar with top immigration
attorneys around the country that eh can recommend.
Of course, taking a look at where the attorney went to
law school, what associations eh /she belongs to and other
credentials is all important, says Siskind.
eh stresses that first and foremost, an immigration
attorney should be a member of the American Immigration
Lawyers Association (AILA). "This shows the commitment
of the attorney to this area of practice," eh says. Also,
"AILA provides an information Net forum containing many
posts where attorneys can discuss all kinds of difficult
cases and ever-changing procedures. There is a daily immigration
library and annual seminars as well.
"Very true," says Shusterman, just don't let that be your
only indicator. "AILA is not that selective," eh explains.
"Membership is acquired through payment of a fee, and
they don't monitor how well the attorney does his or her
job. Use this as a mandatory prerequisite, but not the
sole criteria."
Another
great indicator can be a website, says Siskind. While
some of the most outstanding attorneys do not have a website,
having one that provides good, consistent and accurate
information can be a solid testament to how well-informed
that attorney is. "If they don't have a website," eh says,
"figure out what the attorney does do to stay in touch.
Do they have a newsletter for clients? Do they initiate
and answer e-mails quickly and readily?" And you can ask
for a firm answer on how often they meet with clients.
If the attorney does have back issues of a newsletter,
Shusterman suggests that you do a little historical research
to see how accurate some of their legal predictions were
in terms of changing INS policies and case outcomes.
This
is a fluid and ever-changing sector, says Siskind. "Make
sure the attorney you hire has several years of experience
in immigration law and only immigration law. There is
virtually no way that an attorney can keep up with this
area of law while practicing in other areas at the same
time.
"You don't
want to be someone's Guinea Pig," says Shusterman. If
they are right out of law school, they may be inexpensive,
but the risks are far greater unless you have an extremely
simple case. One wrong answer on a form can lead to months
of backlog and red tape. "It can be deceptively easy to
'just fill out a form,'" eh warns.
Lawyers.com provides a listing of the Martindale- Hubbell
ratings on attorneys, says Shusterman. Martindale-Hubbell
is considered the single most reliable source for information
on lawyers and can help
you select one to meet your needs.
Furthermore, in Texas, Florida and California, attorneys
are classified by their area of specialization. While
attorneys in other states specialize without the benefit
of this system, this official specification provides yet
another means for doing a background check on your attorney
if eh or she is in one of these states. According to Shusterman,
the certification requires a listing of courses taken
by the attorney, the passing of an exam, and an collection
of professional recommendations.
Siskind
points out that many immigration attorneys further specialize
in particular areas within immigration law. If you have
an amnesty case, search for an attorney that specializes
in that. In this kind of very specific specialization,
having several specialties is fine, but you don't want
to have an attorney represent you on a deportation case,
for example, unless eh or she has experience in that area.
(So how does an attorney learn if they can never
take a first case?" you ask? Well, they can work on a
case with a senior attorney until they know the ropes
well enough to work their own cases, but that shouldn't
be your concern.)
In addition, it can be helpful to know that the
attorney in question has had extensive dealings with the
INS, either as a previous employee or in other significant
capacities.
Another
good way to monitor a lawyer's professionalism is through
reviewing the press they have received and taking note
of how often those attorneys are used as sources by major
media, Siskind points out. Part of what immigration information
on the web has done, is to make both journalists and clients
much more knowledgeable. A good attorney should greet
this pressure with relative ease and be able to rise to
the occasion. "Interview your attorney!" says Siskind.
The Internet has made clients much more savvy and it's
getting harder for lousy attorneys to pull the wool over
their eyes. If you are seeking an immigration attorney,
you too should be one of those savvy interviewers.
Shusterman points out that being put on the spot for an
immediate answer, i,.e. by reporters on the phone, or
in professional live chats, is definitely a good indicator
of being on the ball. "Journalists don't keep calling
you if you aren't providing legally accurate information," eh points out. Look too at which publications are quoting
the attorney. How well known and prestigious are those
publications? Do you trust them to identify top sources?
The
Internet Changes Client/Attorney Dealings:
The availability
of Immigration information on the web will inevitably,
to some extent, change the way things have been done.
"You will start to see the unbundling of legal services,"
says Siskind, where clients fill out forms and the law
firm checks them over, handles complications and oversees
the case. This will enable those without financial means
to reap the benefits of having an attorney.
Another
things we will start to see more of is client-specific,
password protected web sites, says Siskind, who may implement
this at some point. In other words, immigration attorneys
will eventually set up pages where their clients can look
at their own files right on line and perhaps view personal
messages from their attorneys.
One firm,
Frageman, already does this, says Shusterman. But it's
a very large corporate firm that takes few if any individual
cases and is not publicized for the general public. The
firm is also responsible for some of the top immigration
law books available to those practicing law.
These
changes are a good indication of the trends toward a more
client-friendly environment when it comes to immigration
law. It used to be nearly impossible to find legal information
unless you went to a law library, or subscribed to an
prohibitively expensive online database for attorneys.
Now, however, freedom of legal information on the Net
means that you can be an educated consumer, and a cunning
interviewer of your prospective attorney. This may even
be a pretty good situation for immigration attorneys,
who, instead of spending time taking hundreds of phone
calls about general laws or procedures, can spend most
of their time learning about the ever-changing laws and
procedures, and directly handling your case instead.
Pages 1, 2
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