Lawyers vs. Clients

Presenting an asylum case to an Immigration Judge or an Asylum Officer can be tricky business. There are an infinite number of ways to tell the story: How much detail to include, what to keep out, how to deal with derogatory facts. Not surprisingly, sometimes lawyers and their clients have different ideas about how the case should look. So what happens when lawyers and clients disagree?

CYA
CYA

First, we should acknowledge that there are areas where the lawyer’s interest and the client’s interest are in harmony, and other areas where those interests diverge. For example, both the lawyer and the client want to win the case. They both would like to finish the case as quickly as possible. They both want a good relationship with the other.

There are also areas where the lawyer’s and the client’s interests differ. The lawyer often wants to do less work on the case, while the client wants the lawyer to do more work. The lawyer has to deal with many cases, but the client wants her case, and her phone calls and emails, to receive the highest priority. The lawyer has her own ideas about how the case should be presented; the client may have a different idea. For attorneys in private practice (like yours truly), the lawyer wants to charge more money; the client wants to pay less. A good (i.e., ethical) attorney generally puts his own interests behind those of his client, but only to an extent, and when discussing “lawyers vs. clients,” it is helpful to acknowledge that there are inherent tensions in the relationship.

Here, though, I am less interested in the tension related to workloads and fees, and more interested in conflicts that arise between the attorney and her client with regards to strategy—how to present the case. But that conflict does not exist in a vacuum. Rather, it must be viewed in the context of all the other tensions inherent in the relationship, and—to make matters worse—it exists in the stressful environment of an asylum case, which can have life-changing implications for the client and her family. All this, we must keep in mind.

So what to do when the lawyer and the client cannot agree?

It happens to me periodically that I have a client who has his or her own idea about how a case should be presented, and that idea conflicts with what I think best. It is perhaps one of the downsides of experience, but the more cases I do, the less patience I have for clients who question my judgment. The problem with this attitude, of course, is that I am sometimes wrong, and if my experience blinds me to that fact, I am clearly disserving my client. For this reason, I try to practice humility and always carefully consider the client’s viewpoint. As the old prayer goes: “Lord, give me patience, and give it to me right now!”

Sometimes, however, the client is simply wrong about something: A “friend” told the client to hide her trip to Iran from the U.S. government; a person who is still legally married but separated wants to claim that he is single on an immigration form; someone with a criminal conviction wants to explain to the Judge that “it wasn’t my fault!” In cases like these, the lawyer needs explain the problem, and usually the client understands (the U.S. government probably already knows about the trip to Iran, so trying to hide it is a mistake; even though you are separated, you need to indicate “married” unless the marriage is terminated by death or divorce; the Judge wants to hear you take responsibility for the crime, apologize, and explain how you will not repeat the same mistake).

Other situations are more subtle: The client wants to add too much irrelevant information to her asylum affidavit, for example. In a situation like this, I explain my point of view (the fact-finder will become frustrated if they get bogged down in unimportant details and it will distract from the thrust of the case) and usually the client agrees. If not, as far as I am concerned, it’s the client’s case and ultimately it’s his decision to make. My concern is that the client’s decision is made knowingly (maybe this is why lawyers are called “counselors” and not “deciders”).

In cases where the client and I cannot agree, and where I think the client’s decision will negatively affect the outcome of the case, I write down my position and make the client sign it. It’s rare that I have to do this, but I want to have a record of what happened in case the client decides to blame me for losing the case (the technical term for this is CYA – “cover your ass”). Also, if I make the client sign such a document, it helps underscore the seriousness of the client’s decision, and hopefully dissuades him from harming his case.

My feeling is that it is better to avoid a conflict with the client before it begins. So what can be done to minimize conflicts related to case presentation?

The most obvious solution is communication, and this is primarily the lawyer’s responsibility. As lawyers, we need to be transparent about what we do. If we over-sell our services, and promise the client the moon and the stars, we really can’t complain when the client expects us to deliver. It’s the same with case presentation. The client needs to understand the lawyer’s role, and what the lawyer can and cannot do (we can’t help a client lie, for example). I find it helpful to show potential clients examples of my work, so they have an idea how their case will look at the end of the process. I also outline how we will prepare the case, what we need from the client, what my assistants will do, and what I will do. I also try to give them an idea about what we don’t know–primarily, how long the case will take, given the very long backlog. To paraphrase the old ad, a well educated client is our best customer.

For many–if not most–asylum seekers, the process is stressful and scary. They are separated from loved ones and living with great uncertainty. As lawyers, we absorb some of that stress. By communicating effectively with our clients, we can reduce their stress and our own, and we maximize the chances for a successful outcome in their case.

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19 comments

  1. Jason, thank you for this amazing post.

    What is view on the following: sometimes client require written samples of the ‘stories’ in order to assess the quality of the stories. I have seen this two times, when my friends insisted on providing those! 🙂 I think this is protected by confidentiality, but in certain cultures the people want to look at the result in order to make a decision. Well, we are not buying a car, we are buying a tailor made services. Whats your view on this?

    Reply
  2. Hello Jason,
    Thanks a lot for education on your blog I applied for Asylum in Newark NJ office with my under aged daughter on April 2014. I was to attend interview June 16, after less 60 of my application submitted.
    My lawyer asked me not to attend the interview alone since she was given birth and can’t go with me. I heed to her advice, she then gave a letter send to the office the day of my interview to postpone it. When I asked her For not able to go with me is a good course. She said yes, since then no new date is rescheduled for me.
    My daughter later attended her interview, and been approved, at the said interview the Asylum office asked my lawyer she did separate application and also why she didn’t called to arrange both us to be interview?
    Now I can’t work to take care of daughter, because my EAD was refused.
    What should I do? Is there anywayout, ?please I need your advice, should I change my lawyer? But I don’t have the money for new one.
    Thanks

    Reply
    • I am not sure I understand the situation exactly. Normally, if you filed one asylum application and your daughter was part of the application, I do not see how she could have been interviewed separately. Also, normally, rescheduled cases are given the highest priority. So based on this, I do not understand what has happened in your case. I think you should ask the lawyer for an explanation, and if she cannot give you an adequate explanation, you might need to find another lawyer. You can also contact the asylum office directly and ask what has happened with your case given that your daughter has received asylum.

      Reply
      • Thanks Jason for your reply,the situation is this, my lawyer filed separate applications, and i was invited interview for first, and my daughter was invited later, but I have to go with her because she is a minor.
        So the officer asked my lawyer why she did separate applications knowing my daughter is a minor? She said because her persecution is base on FGM and mine is religious beliefs and I want protected my child. Again why she didn’t contact them to let them that my interview need reschedule when she received the notice for my daughter interview? she gave no answer.
        Thanks

        Reply
        • Based on what you told me, I am not sure I would have followed the same strategy. However, it seems reasonable the way your lawyer did it. The asylum office should reschedule your case, and so I would ask your lawyer about that again, or contact the asylum office directly to ask them. Good luck, Jason

          Reply
  3. Jason, I just want to say THANK YOU for all that you do. My question is a bit long please bare with me. I came to the US in 1997 under my parents asylum. Instead of waiting the proper one year my father made a mistake and applied early for green card. i was off course denied but it took over 3years to find this out, not sure why. so i reapplied it took another 3+ years for USCIS to let us know that i can not apply under the asylum status anymore because my parents were citizens (I was over 21 by this time) and I would have to apply my own asylum. I was only 13 when i came to this country and i don’t have any issues with the government that i know of. But i recently came upon this new USCIS policy announced in 2008 which is called “nun pro tunc” which is an asylum application that is not subjected to the regular asylum application requirements and tailor made for my case. So my question is i did submit my I-485 first and did not find out that i had to get the NUN PRO TUNC asylum app approved prior to submitting the I485. but last time i checked my I485 is still pending my asylum case. Will they deny my I485 just because i mixed up the order? and my second question is my asylum case is pending in the MIAMI office, it was filed in March of 2014, as you can see i have been stuck in the system for over 15 years for something so simple, is this something the Ombudsman of USCIS can help me with? Thank you so much, any information is much appricaiated.

    Reply
    • I do not know whether USCIS will wait for the nunc pro tunc application to go through – it would be nice, as it would save you $1070. Also, I do not know how long a nunc pro tunc case takes in Florida. I do think this is the type of thing the Ombudsman can help with, and I recommend you contact them. Also, this whole case sounds a bit tricky, and it might be helpful for you to have a lawyer to help you. Good luck, Jason

      Reply
  4. Hi Jason
    thanks for your information’s and helping us to find answers to our questions, well I applied to Arlington office and I did my finger print on Dec/2014,and I got my work permit last month, what am asking about that you give me estimate time when I will get my interview less than 6 month or more ? Arlington office work on August 2013 more than 3 month ?its very slow

    Reply
    • No one knows how long it will take to get to a case filed in December 2014. Supposedly, they will be posting some info about this on-line, but so far, we are still waiting for that. My guess is that you will be waiting at least another 6 months, but it is only a guess. Take care, Jason

      Reply
  5. Hi Jason,

    I really appreciate your work. Every weekend, I try to find your blog and every weekend I blame myself I made a worse attorney. She is greedy and much more than that… My case is in backlog and I am waiting for EAD, Can I change a new attorney for my case? Does it affect my case?

    Thanks.

    Reply
    • You can change lawyers – it is your decision. If you are not confident in your attorney, I recommend that you do change, as a bad attorney is worse than no attorney at all. You might want to contact a local charity (like Catholic Charities) for recommendations on a new attorney. Good luck, Jason

      Reply
  6. Hello Jason,

    I love your blog. Very insightful and helpful with valuable info. Just have one question borne out of a longtime nagging curiosity.

    How is “Dzubow” pronounced? Lol. Thanks.

    Reply
    • Some people pronounce it “dumb ass”, but actually, it is pronounce “zoo bo”.

      Reply
  7. Jason, I can identify with your thoughts 100%, it’s often challenging to persuade someone what’s best when their fears are at the forefront.

    Mina, that is awful, I’m so sorry that happened to you. With competent counsel, it is possible your case might be moved up, I recently had some success doing that with an Egyptian Christian case. Best to you…..

    Reply
  8. I enjoyed reading this entry. To think that there are lawyers of quality who actually practice humility in their approach to work is very refreshing. Would that all immigration attorneys demonstrate the same level of self-reflection and honesty in their practice…

    Reply
    • I am not saying that I ALWAYS practice humility. I am just saying that I try my best…

      Reply
  9. I really appreciate your concern but sometimes the lawyer wants the case to be turned to the court to get more money, as my lawyer did, he stated that the lawyer cannot be present at the officer interview, while I found out that he should. Now for seeking your help as usual, my court date has been set for april 2017, the question is, if I’m going to change my lawyer will this affect my case, and the second question is, can I make my case rescheduled to an earlier date?
    Thank you very much. U r my mist trusted source

    Reply
    • If you think your lawyer did that, you should definitely find a new lawyer. It is true that if a case goes to court, we lawyers earn more money, but no honest lawyer would want that. It is much better to win the case, and then you find us a new client. Anyway, many lawyers are not ethical; they are criminals who happen to have a law license. It is a real shame. As for moving the court date sooner, it is possible, depending on the judge and the judge’s schedule. Your lawyer (or hopefully, your new lawyer) will need to file a motion to advance. Good luck, Jason

      Reply

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