As an immigration attorney, I sometimes face ethical dilemmas when advocating for undocumented clients. While zealous advocacy is crucial, upholding ethical standards is equally important, especially in today’s political climate. Here’s how to achieve both goals.
You must always adhere to the ethical rules and guidelines set by the American Bar Association and your state bar association. These dictate the behavior that’s expected of you when representing clients.
When representing undocumented clients, you face unique ethical considerations. For example, you must consider confidentiality issues when dealing with clients who may be afraid to disclose their personal information. You must also be aware of conflicts that may arise when representing multiple clients with competing interests. And you must be careful not to provide false information to the government in an effort to protect your clients.
You must be passionate and committed to fighting for your clients’ rights and interests. You must also be creative and resourceful in finding legal arguments that support your clients’ claims for relief, such as asylum, cancellation of removal, or adjustment of status. Effective communication with clients is also essential since you must ensure that your clients understand their options and are able to make informed decisions about their case.
Undocumented clients face numerous challenges and obstacles in the immigration system. Without a zealous advocate, they may be denied relief or deported to a country where they face persecution or harm. You must be committed to your clients’ cases and must work tirelessly to provide effective representation.
Effective communication with clients is a critical component of effective advocacy. You must ensure that your clients understand their legal options and the potential consequences of their decisions. You must also be creative and resourceful in finding legal arguments to support your clients’ claims for relief.
For example, you may argue that a client’s fear of persecution is based on their political opinion, religion, or membership in a particular social group. You may also argue that a client qualifies for relief based on their family ties, their length of residence in the United States, or their good moral character.
Successful advocacy for undocumented clients can take many forms. For example, you may win an asylum case for a client who has been persecuted in their home country for their political beliefs or their sexual orientation. You may also win a cancellation of removal case for a client who has lived in the United States for many years and has strong ties to their community.
You must navigate complex ethical considerations when representing undocumented clients. One strategy for balancing ethical considerations and zealous advocacy is effective communication with clients. Ensure that clients understand the potential consequences of their case and the available legal options, and involve clients in strategic decisions related to their case.
Another effective strategy is to use ethical decision-making frameworks to guide your representation. These frameworks offer a structured approach to analyzing ethical dilemmas and making decisions that balance the interests of your client with your ethical obligations.
An example is the four-way test, which poses the following questions:
It’s crucial to understand the ethical considerations and to advocate zealously for all clients, regardless of their immigration status. By doing so, you can help ensure that the legal system provides equal justice under the law to all individuals, regardless of their background or circumstances.
