The Perils and Promise of Low Bono

“Low Bono” refers to providing legal representation for less than market value. The idea is that for certain clients who cannot afford an attorney, the attorney will reduce her price so that the client can hire her.

Lobo, No!
Lobo, No!

When lawyers represent asylum applicants (or anyone else) on a low bono basis, there is an obvious benefit to the applicant and to “the system,” but what’s in it for us? Why would an attorney do this? The most obvious reason is because the attorney wants to take the case—either to help the client or because it is an interesting or important matter. Another reason is that “market value” for an attorney’s time is simply too high for most potential clients. Both reasons apply to my decision about setting my fee for an asylum case: I am interested in asylum cases and that is the type of work I choose to do, and the market for asylum seekers won’t support high attorneys’ fees, at least not for most applicants.

For asylum cases in the DC-area, fees vary widely. I have heard about attorney’s fees as low as $900.00 for an affirmative case, and as high as $7,500.00 (and I even once heard about a case where the lawyer charged $80,000.00—dare to dream!). Most attorneys who primarily represent asylum seekers (such as myself) charge between $2,000.00 and $3,000.00 for a case. My fee for most cases is $2,800.00, which is a flat fee, meaning it includes photocopying and mailing, as well as attending the asylum interview. I have never calculated how this translates into an hourly fee (it would be too depressing), but I have no doubt that it is well below “market value,” whatever that means.

There is a great benefit to charging an affordable fee: You can get the types of clients and cases you want to do. And in this sense, I have been very lucky. I’ve represented journalists, human rights workers, women’s rights advocates, diplomats, and politicians, among many others. Given the good luck I’ve had with my clientele, I really shouldn’t complain, but since this is my blog, I will anyway. After all, wasn’t it Descartes who once said: “I complain, therefore I am.”

My main complaint is related to the backlog, and to delays with asylum cases in general. Before the backlog, most asylum cases would take maybe six or eight months from the time of hiring to the time of decision. Assuming a successful outcome, that was the end of the matter for me. Now, cases may take years. This means that the client contacts me for all sorts of things, from work permits to travel documents to requests to expedite to changes of address. All this extra work takes time; time for which I do not charge my clients.

But since we lawyers make a living by charging for our time, it’s only fair that we get paid for the additional work. As a practical matter, though, seeking fees for this work can be difficult. Clients are already stressed due to the backlog and charging for dribs and drabs of additional work seems a bit petty. Also, raising the fees for a case makes it more difficult for clients to hire lawyers, so charging for the additional time can create an access-to-justice issue: Higher fees = fewer represented asylum applicants.

But there is a cost to the attorney for not charging. Extra work for one case means less time for another. It also means more stress in general. Maybe there is some sort of balance that can be achieved here, but I have yet to find it.

Another problem of low bono is that with less money coming in, the attorney must spend less time on each case. This is not necessarily a problem that results in less successful outcomes for the clients (because although we spend less time on each case, we do a lot of asylum cases, so we become proficient at it). However, it does take some of the pleasure out of doing this type of work. Much of the attraction of an asylum case is the human interaction. But when there is less time for each case, there is less time to spend with the client. It’s common, for instance, for a client to offer to take me to lunch or dinner after a case is granted, but I almost never go—there simply isn’t time.

In the end, of course, I am my own boss, and I set my fees in a way that (theoretically) maximizes my own happiness with my practice. I want the interesting cases and the cool clients. That is what makes the job worthwhile. The extra work caused by the backlog has made this more difficult; it has upset the equilibrium. For now, I will keep on keeping on, but if the backlog persists, I don’t know whether the “low bono” model is sustainable. I hope that it is, but with each passing day in Backlogistan, I feel less optimistic.

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10 comments

  1. Hello Jason,

    I need your expert advise. Can a spouse file a different case after being added on to an already submitted application considering that she has a totally different case from the initial filed application. Thanks for your advise.

    Reply
    • She can – though the filing procedure is different. I believe she would file the case in the local asylum office (as opposed to the Service Center). Check the I-589 instructions (available at http://www.uscis.gov) or contact the local asylum office to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. It is not always a great idea to have two cases for two spouses, so you might want to talk to a lawyer about whether that is a good strategy before you do it. Take care, Jason

      Reply
  2. Hi Jason
    I came in us in D1 visa. And filed asylum & tps too. Because of tps status, it effected my asylum case that emigration officer can’t refer my case to court. They told me my case will closed. I have to reopen once my tps status expire. My tps is going to expire on July 2018. So my question is it possible to withdraw my tps status before expiry date???
    Thank you

    Reply
    • I do not know about withdrawing TPS, but typically, when a person is “in status” (with TPS or some type of visa), and their asylum case is denied, and they want to go to court, we have to re-file a new asylum case with the local asylum office (as opposed to the USCIS Service Center where first-time applicants file). The asylum office will process the case, and at the end of the process, usually refer the person to court. Since the person lost in the first application, he will lose the second application unless there have been some major changes. Once the case gets to court, the person can pursue the claims in both the first and second case. Since cases are so slow, even if you re-file now, your TPS will be ended before your asylum case is decided, then, if you lose, your case will go to court. You may want to talk to a lawyer about this, as lawyers make a big difference in court, and you can start laying the foundation for your court case now. Take care, Jason

      Reply
  3. I want to get into nursing school and have a pending assylum. Can i still get into a program or i have to be a permanent resident or citizen 1st

    Reply
    • If you have your work permit, you should be eligible to attend, but you will need to ask the school. Also, you likely will have to pay out-of-state tuition. Take care, Jason

      Reply
  4. Great thing! Thanks for sharing your expertise to us.

    Reply
  5. Hello Jason. Happy New Year to you and your family.

    I have been following your invaluable blogs and posted some before. I am also on asylum case and lately I just found out that my u.s. citizen father made a petition for me, he did already passed away. Can an asylum seeker reopen the case and benefit from humanitarian reinstatement?

    Reply
    • You are outside my area of expertise. For this question, you would do well to contact a lawyer who can do the research for you. Good luck, Jason

      Reply
      • Nevertheless, thank you for the response Jason.

        Reply

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