You Just Found Out Your Client Lied, Now What?

Explore the relevant ethics rules and get a firm grasp of the issues that may arise and the analysis needed to extract yourself from this ethical quagmire. This free for members podcast is now available on Agora.

 

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Not So Fast!

While you may feel justified to withdraw from representation, you can’t just run from a sticky situation without addressing your ethical obligations. Find out how to ethically and competently terminate representation with this insightful article.

Ethics Resources

2011 - 2005

Important: The following resources offer insights, advice, and opinions on various topics covering professional responsibility in an immigration practice. Note, however, that ethics is inherently very subjective; these publications and recordings represent the personal opinions of the authors, and not of AILA. Moreover, ethical rules vary -- sometimes irreconcilably -- from state to state. It is incumbent upon anyone reading these articles or listening to a podcast to follow up with independent, state-specific research.

  • Can a Lawyer Ethically Represent a Client in Anticipation of Potential Immigration Reform Legislation?(1876 KB - 10/9/2013)
    While new business is good, it is essential to understand the ethical boundaries when advising clients and accepting legal fees for work conditioned on a law being passed. This insightful article focuses on our professional responsibility when preparing for the possibility of immigration reform.
    AILA Doc. No. 13100900.
  • Global Migration & Legal Ethics: Confidentiality Considerations in Working with Foreign Counsel(805 KB - 9/20/2013)
    As an increasing number of U.S. companies seek to assign employees abroad, more and more U.S. immigration attorneys are being approached by clients seeking help with “outbound” immigration matters. This ethics article explores the confidentiality considerations in working with foreign counsel.
    AILA Doc. No. 13092040.
  • Which Party has Responsibility for Paying H-1B and Permanent Residence Attorney Fees and Case Expenses?(739 KB - 6/12/2013)
    In dual representation cases, the lawyer should be prepared to advise both the employer and the alien employee concerning which party can lawfully pay attorney fees and case expenses. So who has the burden of paying? This astute article explores the ethical responsibility of attorney fees.
    AILA Doc. No. 13061243.
  • When a Client Lies: Balancing Candor and Confidentiality(545 KB - 12/18/2012)
    A lawyer has an obligation of protecting client confidentiality while also maintaining candor towards the adjudicative tribunal. But, what happens when the client lies? This insightful article analyzes the conflicting ethical rules that govern our practice. AILA Doc. No. 12121860.
    AILA Doc. No. 12121860.
  • Withdrawal of Representation in Immigration Practice(773 KB - 11/20/2012)
    Considering firing a client? While you may feel justified in withdrawing from representation, it’s important to recognize your ethical obligations. This insightful article examines Rule 1.16 & illustrates the importance of adhering to it when withdrawing from representation. AILA Doc. No. 12112043.
    AILA Doc. No. 12112043.
  • How to Ethically Handle an I-864 Joint Sponsor (Updated 11/7/12)(589 KB - 11/7/2012)
    Can you represent and advise a joint sponsor on his I-864? Is there a conflict of interest between zealously representing your clients and their joint sponsor? This article delves into the ethical considerations when a petitioner and an applicant need a joint sponsor. AILA Doc. No. 12080162.
    AILA Doc. No. 12080162.
  • Ethics Podcast Series (10/12/2012)
    Download and listen to free recordings from experts and AILA members as they provide compelling insight on a variety of topics related to the ethics of practicing law.
  • How to Walk the Ethical Line-Being Less Stressed Out(223 KB - 6/26/2012)
    Selected article from 2011 Immigration Practice Pointers. This is a collaborative piece by three experienced AILA members who provide an in-depth analysis of complex fact patterns. Navigate through the intricacies of immigration law and ethics without crossing the line. AILA Doc. No. 12062641.
    AILA Doc. No. 12062641.
  • Ethical Considerations in Fee Disputes, Fee Determination, and Flat Fee Cases(166 KB - 5/30/2012)
    Selected article from 2011 Immigration Practice Pointers. Attorneys are well advised to comply with the requirements of the ABA's Model Rule 1.5; this article delves into the ethical considerations between hourly billing and flat fee pricing for immigration services. AILA Doc. No. 12053040.
    AILA Doc. No. 12053040.
  • Navigating the Social Network: Applying Ethics Rules to Blogs, Facebook, Twitter and Other Social Media(239 KB - 5/15/2012)
    Selected article from 2011 AC Immigration Practice Pointers. A collaborative analysis by three experienced AILA members who provide an overview of the ethical concerns surrounding social media in the work-place and guidance to avoid certain ethical violations. AILA Doc. No. 12051541.
    AILA Doc. No. 12051541.
  • Secondary Ethics Links (9/12/2006)