In this week's Consulta Migratoria® column I answer a reader's question. Each case is different and the answers vary depending on each person's immigration history.
Here I provide general answers to your questions. Please consult with an immigration attorney to receive personalized legal advice before starting any procedure.
This is the column:
I live in Houston, Texas, and I recently hired an attorney to help me with my immigration case. He told me that my case had a solution but when he received the $$3,000 payment he changed the whole picture and did not call me back. Where can I call to complain about the attorney? - Arleni P.
Arleni, I am so sorry you are having difficulties with the person you hired.
First of all, I want you to verify if the person you hired is a lawyer. There are people who pose as lawyers but are not. This is important because the process for complaining about a non-lawyer is different from the process for complaining about a lawyer.
Assuming the person you hired is an attorney, you should call the State Bar of Texas Client and Attorney Assistance Program (CAAP). Their contact numbers are 1-800-932-1900 or 1-800-204-2222, extension 1780.
CAAP provides a number of services to the public including the following:
- Helps resolve minor problems that do not involve professional misconduct.
- Help with fee disputes if a client is having a fee disagreement with their attorney.
- Assistance with complaint forms or information if a client decides to file a formal complaint against his or her lawyer for violating the rules of practice.
- Provides referrals to the "Lawyer Referral Information Service" to help you find a lawyer for your legal case, or to ask for advice or ask legal questions.
- Gives information or referrals to other public agencies or institutions focused on helping you solve your legal problem.
You can find more information about CAAP by reading the following brochure:
Client and Attorney Assistance Program - What it is and how it works
If you are unable to resolve your problem with the help of CAAP and there is a possibility that the lawyer has violated the practice rules, you should file a formal complaint against the lawyer.
Most lawyers act ethically and correctly, but if one does not, it is important to know what your rights are.
For example, a lawyer fails in his duty and violates the rules of professional practice if he does the following:
- does not return calls or respond to e-mails or letters within a reasonable time.
- fails to appear in court or fails to meet court deadlines.
- although the client has communicated on several occasions, it is not possible to obtain information about his case.
- refuses to return the client's legal file to him even after he has asked for it.
- does not deliver to the client what is due to him after the legal action is resolved.
The following brochure explains the process you will need to follow to file a formal complaint against an attorney in the state of Texas and the possible outcomes:
Information on the attorney complaint process
If you do not live in Texas and have had problems with an attorney, you can find the office to report to in your state by going to the following directory:
American Bar Association's Directory of Lawyer Disciplinary Institutions
For more information and immigration tips, read my blog inmigracionhoy.com.
Send your questions to preguntas@consultamigratoria.com. Include detailed information about your situation to better answer your questions.
Nelson A. Castillo, Esq. is an immigration attorney and author of The Green Card: How to obtain permanent residency in the United States. He is a past President of the Hispanic National Bar Association and current President of the Westlake South Los Angeles Neighborhood Council. Dr. Castillo's office can be reached at (213) 537-VISA (8472).