|  YOUR
SECRETS ARE SAFE WITH AN ATTORNEY
by Michael J. Gurfinkel, Esq.
There are a lot of rumors and misinformation going
around that attorneys turn their clients in to the U.S. Citizenship
and Immigration Services (USCIS). Sometimes my office receives
telephone calls from people who desperately want to seek legal
advice, but are afraid to make appointments. They are worried
because they heard that attorneys report clients to the USCIS.
By law, an attorney is required to keep his communications
with a client confidential and secret, even if it is only for
a legal consultation, and whether
or not the attorney is ultimately retained.
Any attorney, therefore, who would reveal such privileged
information (or threaten to do so), would be violating
the State Bar rules. If a client places his trust in an attorney,
that attorney should never
betray that trust. An attorney should never disclose a client's
legal problems to anyone, without the client's express permission.
However, be aware that so-called immigration consultants
are not covered by the rules of confidentiality. In fact, anyone
can call themselves a "consultant", without having any
knowledge or experience in immigration laws, and they are not
bound by the Rules of Professional Conduct by the State
Bar, as attorneys are.
Furthermore, since consultants are not licensed
to practice law (as attorneys are), there is no attorney-client
privilege, and such information you disclosed to that consultant
may not be considered confidential.
In the course of my immigration practice, I have
seen the anguish and the tears of people who are frustrated, desperate,
and scared, because of their immigration situation. Many of these
people sold their life's most precious belongings back home in
the Philippines, just to reach the "Land of Opportunity".
These Filipinos were anxious to make a living, so
as to be able to send money back home. They are sometimes their
family’s sole breadwinners, and the family's survival rests
on their shoulders. Many, out of desperation, will do anything
to get a work permit, just so they can get a job and earn a few
dollars that they immediately send back home.
Sometimes these poor people are tricked by immigration
consultants or fake employers, or assured by "friends",
to file for immigration benefits for which they are not entitled
(i.e. political asylum, CSS/LULAC). Out of sheer desperation,
they hand over their life savings, hoping and trusting that "some
day" things will eventually work out.
These poor people have endured the pain and suffering
of separation from their families, all for the sake of making
a better life for them back home. It is simply wrong
for other people to take advantage of them. These people desperately
need help, and have suffered enough. They have been fooled, lied
to, and tricked. An attorney should be there to help these people
-- not cause them any additional
worries, fears, or anxiety.
One of the greatest personal joys of an attorney
is when he is able to help his clients solve their immigration
problems, help them be reunited with their family, and help them
be able to work at a job equal to their level of education and
experience. These people have trusted the attorney, and I think
it is very important for all of us in the legal profession to
never betray their trust. Simply put, a clients' “secrets”
are always safe with an attorney who is true to his calling.
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