Law firm couldn't provide qualified attorney after our attorney retired

[wats]

What is the name of your state (NY)

We hired a law firm to represent my deportation case in the immigration court. A few days before my second hearing - we received an email stating that our attorney with 30 years of experience in immigration law had to retire for medical reasons. They provided us with another "attorney" and we went to their offices to meet with that person who claimed that she was a qualified attorney but only practicing immigration law for one year. At the time of our meeting she couldn't answer any questions and she told us that she never been in the court room before. After we left i called a NY bar association and Unified Court System (first and second departments) and they had no record of this person. I called their law offices to confirm which state she was admitted to the bar and was surprised that she was not admitted at the time of our consultation and she is going to be sworn in in a couple of days so she can represent my case in the immigration court!!! i was really shocked!!! after that i received an email from the partner regarding this person that she has " no experience in an immigration courtroom setting, so she is not a suitable candidate to handle an individual hearing without direct supervision and she has been working at the firm as a legal clerk for one year." ?? after that they appointed another attorney who was on maternity leave and her due date was on the date of my hearing?? she offered to request a continuance of my case for that reason. I didn't want to do that. Then they offered to send another attorney from another state but we would have to pay 2K extra plus travel expenses. This was 4 days prior to my hearing. SO i had to hire another firm to represent my case 2 days before my hearing.
I did sign a retainer agreement with the first law firm to pay flat fee of 6K to represent my case in court. I paid 3K upfront. now they sent me a bill for another 3K saying that they DID provide 3 different attorneys per our retainer.
Is there a way not to pay this bill as they couldn't provide me with a qualified attorney for my hearing at the same cost? or its legal to get paid for not providing an attorney for the date of my hearing based on the signed retainer no matter what?

thank you for your time and reading.

[You Are Guilty]

Originally Posted by wats

What is the name of your state (NY)

We hired a law firm to represent my deportation case in the immigration court. A few days before my second hearing - we received an email stating that our attorney with 30 years of experience in immigration law had to retire for medical reasons. They provided us with another "attorney" and we went to their offices to meet with that person who claimed that she was a qualified attorney but only practicing immigration law for one year. At the time of our meeting she couldn't answer any questions and she told us that she never been in the court room before. After we left i called a NY bar association and Unified Court System (first and second departments) and they had no record of this person. I called their law offices to confirm which state she was admitted to the bar and was surprised that she was not admitted at the time of our consultation and she is going to be sworn in in a couple of days so she can represent my case in the immigration court!!! i was really shocked!!! after that i received an email from the partner regarding this person that she has " no experience in an immigration courtroom setting, so she is not a suitable candidate to handle an individual hearing without direct supervision and she has been working at the firm as a legal clerk for one year." ?? after that they appointed another attorney who was on maternity leave and her due date was on the date of my hearing?? she offered to request a continuance of my case for that reason. I didn't want to do that. Then they offered to send another attorney from another state but we would have to pay 2K extra plus travel expenses. This was 4 days prior to my hearing. SO i had to hire another firm to represent my case 2 days before my hearing.
I did sign a retainer agreement with the first law firm to pay flat fee of 6K to represent my case in court. I paid 3K upfront. now they sent me a bill for another 3K saying that they DID provide 3 different attorneys per our retainer.
Is there a way not to pay this bill as they couldn't provide me with a qualified attorney for my hearing at the same cost? or its legal to get paid for not providing an attorney for the date of my hearing based on the signed retainer no matter what?

thank you for your time and reading.

If even half of what you've posted is correct, that firm can be in big trouble. I'd start here:
http://www.courts.state.ny.us/admin/feedispute/index.shtml
then go to:
http://www.courts.state.ny.us/ip/attorneygrievance/complaints_attorney.shtml

I'll also point out this advice from the NY Court system:

Persons who are not licensed members of the Bar of the State of New York are prohibited from engaging in the practice of law.

If you believe that someone is engaged in the unauthorized practice of law in New York, this information may be reported to your local District Attorney's office.

Good luck.

[wats]

thank you! eveyrthing i said is true and i have all the emails from the partner of this firm who confirmed that she was only a clerk when we had our consultation with her and she was sworn in a few days later. I also have an email from court - that she was not registered at the time. And i also emailed to this "attorney" next day after our consultation asking to clarify her registration and had no respond from her . she only got back to me after she was sworn in. :-(

[Stevef]

Originally Posted by You Are Guilty

If even half of what you've posted is correct, that firm can be in big trouble. I'd start here:
[url=http://www.courts.state.ny.us/admin/feedispute/index.shtml]Attorney-Client Fee Dispute Resolution Program[/url]
then go to:
[url=http://www.courts.state.ny.us/ip/attorneygrievance/complaints_attorney.shtml]Attorney Grievence Committees[/url]

I'll also point out this advice from the NY Court system:

Good luck.

I don't believe an Immigration Deportation case is heard in a New York State court. I believe it's Federal.

[wats]

i think in any case that NY county district attorney's office is the right place to start.
what makes me upset that i paid so much money to get an attorney with 30 years of experience and after he disappeared (retired for medical reasons 10 days before my hearing and nobody even informed us) they appointed someone who was not even admitted to the bar in any state to represent my deportation case!!! i went to 4 different firms before i hired this one and im so disappointed:-((

thank you once again!~

[You Are Guilty]

Originally Posted by Stevef

I don't believe an Immigration Deportation case is heard in a New York State court. I believe it's Federal.

100% correct.

However, what difference does it make where the case is venued? There is no such thing as a "federal lawyer", they are licensed by the state. And it's illegal to practice law in both federal and state courts without a license.

[wats]

Originally Posted by You Are Guilty

100% correct.

However, what difference does it make where the case is venued? There is no such thing as a "federal lawyer", they are licensed by the state. And it's illegal to practice law in both federal and state courts without a license.

that unlicensed attorney was "practicing law" in the state of NY and then she was sworn in in NY . i'm not sure what to do first, try to call them and tell them that i will complain to the office of attorney general regarding this matter?
My lawyer sent them a certified letter but they replied back saying that the DID provide 3 different attorneys and i have to pay. Should i dispute fees through ny dispute resolution program and complain to attorney general office of NY or file a small courts claim and complain to attorney general office. I don't think its worth to hire an attorney to deal with this because of the amount. Thank you so much!

[You Are Guilty]

Originally Posted by wats

that unlicensed attorney was "practicing law" in the state of NY and then she was sworn in in NY . i'm not sure what to do first, try to call them and tell them that i will complain to the office of attorney general regarding this matter?
My lawyer sent them a certified letter but they replied back saying that the DID provide 3 different attorneys and i have to pay. Should i dispute fees through ny dispute resolution program and complain to attorney general office of NY or file a small courts claim and complain to attorney general office. I don't think its worth to hire an attorney to deal with this because of the amount. Thank you so much!

Personally, I'd try to work it out on my own first, then try the fee dispute/grievance route. It's free and specifically put in place for events like this. Small claims is probably not going to be as helpful, plus it's not free.

[dfromnyli]

I'm lost on where this legal clerk actually practiced any law. Just a consultation? pretty sure that wouldn't qualify as practicing law. If this legal clerk made an apperance in your case and was representing you in court, then yes you can have some issues. But the fact that you merely saw this woman for a consultation I highly doubt you can go after her for practicing law without a license.


It would also basically be their word against yours if all she did was "claim she was an attorney who was only practicing immigration law for one year"

[Dandy Don]

Also, the invoice for their services should not just show a flat fee but should show an itemized list of billable hours and a description of exactly what services were performed.

[wats]

Originally Posted by dfromnyli

I'm lost on where this legal clerk actually practiced any law. Just a consultation? pretty sure that wouldn't qualify as practicing law. If this legal clerk made an apperance in your case and was representing you in court, then yes you can have some issues. But the fact that you merely saw this woman for a consultation I highly doubt you can go after her for practicing law without a license.


It would also basically be their word against yours if all she did was "claim she was an attorney who was only practicing immigration law for one year"

yes, we did see this woman for a consultation, it was not brief, we spent 30 minutes with her as she was going through my deportation case and we couldn't take it longer as she had no knowledge about immigration law in general. She misrepresented herself as our newly appointed attorney. She did even give us a business card in the end of our meeting that stated that she is an attorney. She did say that she has been practicing immigration law for one year and going to the court to represent my case as an attorney. She didnt say anything about that she will be an attorney in a few days after she swears in.
I know their word (big firm) against mine (an immigrant in deportation), but there was also my husband who is a doctor with me who understood her words the same way -that she was our new attorney. Not a law clerk. So i don't know if i have anything against them but my word and my husband;s.
but i don't know if anyone can do it by law - to misrepresent. Its like going to a "doctor" who sits in a doctor's office but is still in medical school. :-((
but i think that giving a consultation means "practicing law" and its not permitted before being sworn in. here is the link:

[url]http://law.justia.com/newyork/codes/judiciary/jud0478_478.html[/url]

thanks

[wats]

Originally Posted by Dandy Don

Also, the invoice for their services should not just show a flat fee but should show an itemized list of billable hours and a description of exactly what services were performed.

thanks, i will request the bill. For now they only sent me an email with the description of what they performed (without hours). They claimed that they spent time investigating how i came to US (legally or not). But in fact i do have a visa stamped in my passport which i used to enter at the port of entry to US and they have a copy of it. so now they can charge me for anything they can come up with. :-((

[wats]

OMG - i just looked up the name at usdoj.gov of the lawyer who "retired" for medical reasons!!! and i'm shocked that he was suspended a few days ago!!! that disciplinary councel for the executive office for immigration review petitioned for his immediate suspension!!! and the FINAL order was: the respondent is directed to promptly notify in writing any clients with cases currently pending before the board, the immigration courts, or the DHS that the respondent has been suspended from parcticing before this bodies.

but of course we didn't get anything from their offices by mail and then they "appointed an attorney" who wasn't admitted:-(( i cant beleive it:-(( i could jeopardize my case and my life by choosing this law firm to represent my case!

[garrula lingua]

Originally Posted by dfromnyli

I'm lost on where this legal clerk actually practiced any law. Just a consultation? pretty sure that wouldn't qualify as practicing law. If this legal clerk made an apperance in your case and was representing you in court, then yes you can have some issues. But the fact that you merely saw this woman for a consultation I highly doubt you can go after her for practicing law without a license.


It would also basically be their word against yours if all she did was "claim she was an attorney who was only practicing immigration law for one year"

YAG is right.
Additionally, the firm appears to be in violation in about five different ways: using the pregnant atty for the sole purpose of delaying the hearing; no itemized bill; no timely notice of replacement of atty; no notice of suspension by the assigned atty; the new 'atty' being deceptive about not being licensed and apparently deliberately misleading OP (immigration law allows some non-attorneys to do 'legal' work/consultation, but no misrepresentation; in any other field, it would be upl).
The firm sounds very unethical.
OP, follow YAG's advice.