What to do when your Lawyer doesn't do his job?

OH man.... this might be long.

OK so we hired a lawyer to help us with my immgration stuff since you have to file papers in a special order at a special time blah blah blah. We decided we wanted help so we didn't mess it up.

So we meet with a lawyer and he tells us what papers we can file... he will send us a link to fill out all our info etc etc. We fill out the info. he calls us and tells us what documents he needs from us to file the papers... with those papers we sent a check for his services.

Weeks later we get the original documents back with a letter from the secretary saying that they made copies for our file etc etc. the check was cashed.

This was in july 2007.

We haven't heard anything since. So 2 months ago we start trying to get a hold of him... never calls us back. Now I am getting a little angry.

So I have been calling everyday for a couple weeks. this week I have called multiple times a day.

I called the office today and got the secretary again... said he is in court all day today... left my name and number and added that I NEEDED to know if he filed the form or not and when. She responds with "Oh I remember you calling the other day and I checked... the form wasn't filed, someone came and picked up your entire file." I said "WHAT? WHO?" she said she would call back when she found out....

Few minutes later

S (for secretary): who is Brian?

M(for me): my husband

S: well he picked up the file

M: um no he didn't.

S: We mailed your file back to you.

M: NO.... we sent papers in... we received our original documents back with a letter
from you saying you had made copies for our files and we could have the originals back. We did NOT ever request them back... we sent a check with those papers. why would we send a check... allow him to cash it and then ask for our file back?

THEN she has the audacity to say

S: well did you and Brian have any marital problems that would make him not want to file the papers?

M:WHAT? NO... we were sent a link from the lawyer and we had to enter in all of our information. We did that... then he told us what papers he needed to file the K3... we sent those and we got confirmation back from you stating you had them. So we have been sitting around WAITING for months under the impression that he filed the paper like he was supposed to. only to find out he didn't file them?

S: Well I don't understand what happened here... there are no notes in your file. but I will put it on his desk and find out what is going on and get him to call you.

She then told me to email him as well and gave me his email addy....

Perhaps I should have waited until I was less emotional but I think I kept it pretty good considering what I wanted to say. (lawyers name and contact info left out)

"Hello, this is Tanya ____. I have been trying to reach you for some time now regarding the K3 forms you were going to file on our behalf. You sent us the link for your site to fill out all the info.... we did that. You told us what documents you needed.... we sent those. We received confirmation from your office that they had been received, copied and the originals were returned to us. This was in July 2007. We also sent you payment with those documents. We were under the impression that you were going to file the K3 for us and we have not heard from you since. After speaking with your secretary it seems our papers have been put on the back burner. Apparently this form was never filed. Why? I am a little discouraged with your practice at this time. We have been waiting months for a form to come back that was apparently never filed. I do not mean to be emotional but this is my family we are talking about and it upsets me that we have been waiting on papers that were never filed when that is what we sent you payment for. I hope that this is just a midunderstanding and that the papers were indeed filed and notes just weren't put in my file. Please get back to me A.S.A.P because one way or another my family and I are going to have to take steps toward my immigration that has apparently been at a stand still for months.

Depending on what country you are filing in, you can contact Immigration Services directly to determine if your paperwork has been filed.

I am also in the process of filing my paperwork for immigration, so I understand how frustrating it can be.

My buddie Mike grew up in El Paso, Texas and his his parents themselves were immigrants from another country so is very stmpathic towards those trying to get in the country. He works with a lot of Mexicans and tells me some of the stories of their problems getting here legally and problems they encounter when they get here.

The story he told me that impressed me the most is the one about the crooked lawyers that take the persons hard earned money and purposely file the wrong papers, don't file and make excuses and just leading the people on, trying to scam them out of more money. There are lawyers that are making a killing doing this and it is happening to many people. The ones he talked to gave up and just crossed the border illegally and no longer trust the system that is suppose to get them here legally. I don't know what you paid but he had some tell him they paid $5000 to one of those lawyers and even if it was his fault the wrong papers were filed, he wants another $5000 to file the correct ones.

Now, what I did when I hired a lawyer to streighten out some legal stuff for Mama after my step Dad died and his kids in another state needed to sign some paperwork so Mama could put things in her name. That lawyer sat on those papers for years which worried Mama nearly to death. I got fed up (wasn't returning my phone calls either) and I went out and bought 8 post cards and every week he would get one from me stating what it was about and this had gone on for "X" number of years and it was time to end it. If he did not have the time, please say so, so I could get someone else! I only had to mail 3 of them to him and I got the package in the mail saying he didn't have time to do that.. I hired another lawyer immediately and ALL that was needed was a trip to the courthouse to file the papers and it was DONE! Lawyer # 2 laughed his butt off, said Lawyer #1 was at that court house several times a week, had all the peperwork already printed out, signed and done.

Lawyer #1 was obviously annoyed with the fact that I was sending post cards that anybody could read and sent them through the public mail system weekly so it had to pass through a lot of hands before it got to him.. Not good for his reputation as a high dollar attorney.

Well I heard back from him....

the squeaky wheel gets the grease I suppose....

He apologized for the misunderstanding and confusion resulting in my immigration being delayed.... He offered to represent me for the duration of my immigration process free of charge.... doesn't take the sting completely away but it helps.

So now we are going to forget about the K3 visa since I am going to just file for my Greencard now.... but I didn't receive the papers from immigration. So he is going to contact them and find out where they are and get them to us so we can move ahead with that phase.

I also told him that I need to know if there is sometihng I can file that will allow me to travel between the US and Canada without being denied reentry.

So.... finding out the papers weren't filed was the last thing I wanted to hear but I am glad he owned up to the fact that it was their mix up and he is taking steps to correct it at no cost to me. Better than nothing I suppose.

GREAT! I was so afraid you had got one of those sleezy laywers. I am glad to hear this.... really glad!

Was this a Canadian lawyer or American? This whole senerio sounds
like a bad joke. If I ever had that much trouble getting a message to
my attorney, I stop payment on the check & look for another lawyer
to handle my business. (He should fire his secretary) I hope you get
this all sorted out soon.


Edit: Just read your last post. Glad he did apologize.

Each time you speak with him, ask WHEN the next step will be completed. Mark that down and start calling the next day. Don't wait so long. Yeah, things take time but . . . if this is something he handles all the time, he knows the time frames.

Don't expect him to remember that he offered to do the rest for free. Ask him to put that in writing

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Originally Posted by Freedom

Each time you speak with him, ask WHEN the next step will be completed. Mark that down and start calling the next day. Don't wait so long. Yeah, things take time but . . . if this is something he handles all the time, he knows the time frames.

Don't expect him to remember that he offered to do the rest for free. Ask him to put that in writing

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I have the email from him and I printed it out and I am keeping it with the rest of our documents from him.

Yes it was our stupidity for letting it go for so long... I had a bad feeling about it a while ago and I should have been more proactive :( Oh well... live and learn I will definitely be keeping up on him more often now that is for sure.

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Originally Posted by sparks19

I have the email from him and I printed it out and I am keeping it with the rest of our documents from him.

Yes it was our stupidity for letting it go for so long... I had a bad feeling about it a while ago and I should have been more proactive :( Oh well... live and learn I will definitely be keeping up on him more often now that is for sure.

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Well you have been sort of busy.. :D

When I managed the band of musicians from S. Africa, I didn't have access to a computer back then. But later on, I was able to go to the INS website and check things out. Might want to give that a whirl if you have any more problems w/this guy. Wouldn't hurt to check his status w/the Bar Association either.

Quote:

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Originally Posted by Medusa

When I managed the band of musicians from S. Africa, I didn't have access to a computer back then. But later on, I was able to go to the INS website and check things out. Might want to give that a whirl if you have any more problems w/this guy. Wouldn't hurt to check his status w/the Bar Association either.

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I will do that

But it is actually his fathers practice... he has been in practice for quite some time... so I don't think it is just that he is a sham....

for now... he has taken responsibility for his lack of action... I don't think he wants to ruin his fathers rep... perhaps if he continues to be inadequate... maybe I should call his dad lol

Quote:

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Originally Posted by sparks19

I don't think it is just that he is a sham.

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I wasn't suggesting that, only that you may be able to check to see if he has complaints filed against him, etc.

I don't think the goof was intentional. We've had a few issues in which we needed to consult an attorney and same story.... we'd call everyday and weeks would go by before we got a call back for updates. It's just how they work I guess. So busy, too many clients and things get backed up or worse... forgotten altogether if you don't stay on thier a$$e$. :rolleyes:

As long as you currently have a valid visa you should be able to travel between Canada and the US without any problem. The problem will arise once you file for a greencard. When that paper work is "in process" you can not leave the country without a special authorization from the ICE. I ahve been told that getting a greencard for a Canadian takes about a year (if all the paper work is correct the first time).

Good luck with this!

Quote:

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Originally Posted by emily_the_spoiled

As long as you currently have a valid visa you should be able to travel between Canada and the US without any problem. The problem will arise once you file for a greencard. When that paper work is "in process" you can not leave the country without a special authorization from the ICE. I ahve been told that getting a greencard for a Canadian takes about a year (if all the paper work is correct the first time).

Good luck with this!

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I don't have a valid VISA anymore... the last time I crossed the border (I told them I didn't want to renew it since I was going to start the greencard process) they told me that because I am married to a US citizen and had a VISA ... once that Visa runs out I can stay here in the US while we are getting my papers ready... but I cannot leave to go to Canada and come back in... but the Paralegal said something about an advance parole or something like that... can't remember if that was the name or not. That will allow me to come back across as long as I am back before we start the greencard process. that was why they were going to file a K3 for me in the first place... so that while I was waiting to be able to file for the greencard I could come and go without worrying and I wouldn't have to apply for a work Visa again (apparently having a work visa can sometimes complicate the paper work the way we filed... because we filed for me to come here as a spouse... I don't know why it matters but I guess it does lol so they were going to do the K3 which is a Visa for spouses... you just can't work) but there is no point now since we will be filing for the greencard soon

Sorry you are having these problems. I am on an H1B, so I am not sure what your options are for going home. When you do apply for the greencard you should pay the extra money for the "premium processing". Once you apply for a greencard you can get authorization to go home, but it is a one-time only authorization. Do you NEED to go home soon or can your family come down in the mean time?

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Originally Posted by emily_the_spoiled

Sorry you are having these problems. I am on an H1B, so I am not sure what your options are for going home. When you do apply for the greencard you should pay the extra money for the "premium processing". Once you apply for a greencard you can get authorization to go home, but it is a one-time only authorization. Do you NEED to go home soon or can your family come down in the mean time?

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Well I don't NEED to go home... but everyone wants to meet their newest granddaughter/neice.

My parents could come visit but it's not feasible for all my siblings to come too. It would just be nice if I could go home so they could see her. But I won't risk being denied reentry

Hmmm I didn't know there was a premium processing... how much do you know about that? How much extra is it and does it cut time off the processing? How does it work?

I would suggest that when you file your greencard application you ask for an entry/exit authorization at the time. Then you can go home before you actually get your greencard.

If I remember correctly, premium processing adds an addition $1000 (or maybe $1500) to the process. This can speed up the process quite dramatically (it reduced my H1B wait to only about 5 months ... usually it is almost 12). Since my employer is paying for my visa process it is in their best interest to pay the additional money (it helps reduce the lawyer's fees). You might want to consider it, but you need to file that at the same time as the application so you will need to talk with your lawyer.

Quote:

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Originally Posted by emily_the_spoiled

I would suggest that when you file your greencard application you ask for an entry/exit authorization at the time. Then you can go home before you actually get your greencard.

If I remember correctly, premium processing adds an addition $1000 (or maybe $1500) to the process. This can speed up the process quite dramatically (it reduced my H1B wait to only about 5 months ... usually it is almost 12). Since my employer is paying for my visa process it is in their best interest to pay the additional money (it helps reduce the lawyer's fees). You might want to consider it, but you need to file that at the same time as the application so you will need to talk with your lawyer.

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I will definitely do that... thanks for the tip :D

I would also recommend that you start gathering your paper work for the appllication. It has taken me months to get everything in order and then I found out I needed to have a copy of my birth certificate with my parents names on it. So I had to order it from Canada and that is the only thing I am waiting for now.

Quote:

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Originally Posted by emily_the_spoiled

I would also recommend that you start gathering your paper work for the appllication. It has taken me months to get everything in order and then I found out I needed to have a copy of my birth certificate with my parents names on it. So I had to order it from Canada and that is the only thing I am waiting for now.

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Yeah I already ordered one just in case.... the only thing we are waiting on is one more tax return from hubby. He needs three recent ones... so we are waiting for this one to come back and then we have everything we need.