Introduction
In the US, the unauthorized practice of law is strictly prohibited. Under the American Bar Association Model Rules of Professional Conduct which have been adopted by most US States, an individual who has not been admitted to practice as an attorney in the relevant State and who is not otherwise authorized to practice law must not provide legal advice to members of the public, draft documents that affect substantial legal rights and obligations (for example, a contract or a will), engage in settlement negotiations on behalf of a client or appear in judicial proceedings.
In most States, the unauthorized practice of law is a criminal offense. In the State of New York, it is a Class E felony to offer legal services to a member of the public when not unauthorized to do so, if such services result in monetary loss to another person exceeding $1000 or other material damage from impairment of a legal right to which he or she was entitled. In Florida, the unauthorized practice of law is a third degree felony, which is punishable by a term of imprisonment and a fine not exceeding $5000.
The objective of the American Bar Association Model Rules of Professional Conduct and American criminal statutes is to safeguard the quality of service provided by the American legal profession and to protect members of the public from unscrupulous individuals who are not qualified to practice law, not competent to practice law and who may not be fit to practice law.
Accreditation Requirements for Non-Attorneys Wishing to Practice US Immigration Law
An individual who is not an Attorney-at-Law may lawfully assist non US nationals in immigration proceedings, in a limited set of circumstances.
In order to qualify for the exception to the general rule, the individual in question must:
i. Be accredited to assist non-US nationals in immigration proceedings before the Department of Homeland Security or the Executive Office for Immigration Review’s Immigration Courts and the Board of Immigration Appeals (or both). Accredited representatives must renew their accreditation periodically.
ii. Be affiliated with an organization that is recognized. Recognized organizations must renew their recognition on a regular basis.
Unfortunately although the Recognition and Accreditation Program requirements are clear, there remains in practice a significant number of self-proclaimed “Immigration Consultants” who are not accredited to assist non US nationals in immigration proceedings and who are not affiliated with a recognized organization.
In some cases, previously accredited representatives and previously recognized organizations have allowed their accreditation and recognition to lapse, so they are no longer accredited and/or recognized as lawful representatives in US immigration proceedings. Such individuals and organizations engage in the unauthorized practice of law, contrary to the relevant criminal statutes.
The Dangers of Instructing an Individual or Organization Which Has Not Complied With The Recognition and Accreditation Program Requirements
There are a number of risks associated with instructing an unaccredited representative or an unrecognized organization in your immigration case. An unaccredited representative may lack the relevant knowledge of US immigration law and may have little or no experience of handling immigration cases. Similarly, it is unlikely they will be insured to provide legal services, which means they may not have sufficient assets to satisfy a judgment against them, if you successfully sue them for breach of contract.
An unaccredited representative may not understand their professional duties to you and the Court. For example, they may advise you to pursue a meritless application to your financial detriment and may make poor strategic case management decisions. They may disclose confidential, privileged information to third parties without your consent and may attempt to mislead the Court. If an unaccredited representative or an unrecognized organization is willing to flout the law for financial gain, there is no guarantee they will treat your case with the care and attention it deserves.
If in doubt, do not hesitate to ask your legal representative to explain their authority to practice US immigration law in the State in question. Any Attorney-at-Law or accredited representative of a recognized body will be happy to answer your questions, as client care is at the very heart of American legal practice. Indeed, they will be keen to put your mind at ease and allay your concerns.
Davies Legal Quality Assurance
At Davies Legal, we are committed to providing the highest standards of client care. We employ only fully-qualified Attorneys-at-Law with a proven record of success to handle our clients’ cases, to maximise your chances of success. Call now for advice on how we can assist you in your immigration matter and obtain a free, no obligation quote.
