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AN
ATTORNEY'S JOB IS A SACRED TRUST
by Michael J. Gurfinkel, Esq.
A law office, just like any other business, should
have goals, objectives, and policies by which they run their business.
In other words, it should have a "statement of purpose,"
so clients will know what the law office stands for. Each office
may have its own unique statement of purpose. This is not to say
that any particular law office's statement of purpose is right
or wrong. It is simply up to the individual client to decide which
law office's statement of purpose fits the client's own views
and objectives. I would like to set forth my own statement of
purpose:
A client's trust and confidence is the highest
goal. People who come to attorneys are obviously in need
of help. Some clients may have made misrepresentations (i.e. fake
names, fake birth certificates, lied about marital status, etc.),
solely out of desperation, to live and work here, or were tricked
into applying for benefits to which they were not entitled (i.e.
CSS/LULAC, political asylum, etc.). Clients may be afraid to go
to an attorney, because they think that the attorney will get
mad at them, yell at them, be rude, or even report them to the
INS. Because of their fear of going to an attorney, many people
try "self-help" solutions which may make matters even
worse. Others may go to consultants, because consultants seem
like "regular people", and they can relate to them much
better than they can to an attorney. But, they find out that the
consultant had just taken their money, and disappeared.
To be able to help people, you have to earn their
trust and confidence. They have to feel comfortable telling you
their problem, so that you can help them with a solution. It is
just like a doctor. The patient has to feel comfortable telling
the doctor what is wrong, so that the doctor can help cure them.
Once a client places their trust and confidence in me, I consider
it a sacred trust to keep their secrets. I would never
report them to the INS, or tell their secrets to anyone.
A client's interests come first.
When a client comes to me for advice, I consider him or her a
family member. In other words, how would I advise my mother or
brother if they were sitting across the table from me, with the
same problems as this client? Of course, I would advise them what
I think is best for them.
I do not think that advice should be based on what
would be "most profitable" for the attorney, without
regard to the best interest of the client. Many times, I could
have immediately suggested suing the INS, having the client be
put in deportation proceedings, appeals, etc. But this would mean
that the client might have to pay lots of money and go through
a lot of stress and anxiety. My primary objective is to protect
the client, by finding the fastest, least stressful, and least
expensive way to achieve this. (For example, sometimes a working
visa could be a solution, rather than the client going into deportation.)
Of course, I realize that sometimes deportation hearings, etc.
are inevitable. But I want the client to know that whatever I
advise, it is because I think first that it is best for
the client (not best for my pocketbook).
An attorney must understand the client's
situation and point of view. I know that for many people,
their immigration situation is the most important thing in their
life. Not a day goes by that they don't think about their status,
and the effect their status has on their lives, and the life of
their family. Some people left their children behind in their
home country, to get a job in the U.S. and send remittances back
home. But they miss their children, and their children miss them.
Some cope with this daily torture by turning their hearts to stone,
because the pain of separation is so great. Some, when talking
to me about it, start crying -- even grown men, who must endure
the thought that their children are growing up without them, and
they can't do anything about it.
Yes, I know the importance that legal status plays
in a person's life. The responsibility of handling their case
is not something I take lightly. I know how important it is for
clients to be kept advised about what is happening with their
cases. They get frustrated after paying all that money for immigration
benefits, and not even know what is going on. I know that when
clients call my office, it is not because they simply want to
chat or socialize. It is because they are anxious. So, returning
the clients' phone calls is also very important.
Legal status can mean the difference between, on
one hand, having your family with you, under one roof, working
at a job equal to your level of education and experience, being
able to travel, and, on the other hand, being separated from your
family, working at a low paying job, and living in constant fear
of being reported to the INS and deported.
An attorney must earn a client's business.
I know there is a lot of competition out there for your business.
Clients, just as any customer, do have a choice. A person's business
should never be taken for granted. I believe my best business
card is a satisfied client. If you do a good job, clients will
tell their family and friends. So, it's in my best "business"
interest to do a good job, and provide the best service I can
for my clients.
An attorney should clearly explain things
to the client. When people come to an attorney
with their problem, they hope and expect that there will be a
solution and answer to their problem. I think that it is also
important for an attorney to clearly explain to the client the
nature of the problem, the possible options, the risks, benefits,
etc., in terms that the client can understand. (In other words,
the lawyer should talk in plain English.) This is just like going
to a doctor with a medical condition, but the doctor uses complex
medical terms that you don't understand, so you really can't figure
out what's wrong with you, or how the doctor is proposing to cure
you. How can you make an informed choice?)
The same is true with attorneys. An attorney should
use plain English, and the goals or objectives should be clearly
explained, to make sure that the client completely understands
their situation, fully understands the options, the consequences
of various choices, what will happen now, the advantages, disadvantages,
etc.
In closing, I do appreciate the trust, support,
and confidence that my clients have placed in my office.
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