The Ohio Rules of Professional Conduct and the United States Citizenship and Immigration Services (USCIS) define a frivolous application as a document, which has no basis in law or in fact. (See 8 CFR § 1003.102 (j); Prof. Cond. R. 3.1).  A frivolous immigration application has no merit and has virtually no chance of achieving the immigrant applicant’s goal. It can, however, hurt the immigrant’s chances of receiving an immigration benefit in the future.  It can also cause the immigrant being put in removal proceedings, and ultimately leads to deportation. Thus, the negative consequences to the immigrant are enormous.

Some immigration attorneys “justify” this unethical behavior by stating that while the frivolous application is making its way through the USCIS system, which in the immigration context can be years, the immigrant is receiving the benefit of living in the United States.

The Ohio Supreme Court in its interpretation of the Ohio Rules of Professional Conduct does not agree.  Instead, the Ohio Supreme Court has repeatedly held an attorney has a duty to not make a false statement of fact or law to a tribunal. (Prof. Cond. R. 3.3). A legal argument, which is based on a knowingly false representation of law, constitutes dishonesty towards the tribunal. (See Official Comment [4] to Rule 3.3).

Furthermore, the USCIS has held the attorney’s signature on any filing, application, motion, or appeal constitutes a certification by the attorney that he or she has read the document and to the best of the attorney’s knowledge the document is well-grounded in fact and is warranted by existing law or by a good-faith argument for the extension, modification, or reversal of existing law, and is not filed for any improper purpose. (CFR § 1003.102 (j)).

Please continue to follow our website or schedule a consultation if you believe you are a victim of a frivolous application.

The Rules of Professional Conduct govern the conduct of every attorney practicing in Ohio, including immigration attorneys. The Rules prohibit most types of in-person solicitation. (See Prof Cond. R. 7.3). The rationale for the rule is to protect prospective clients from the potential abuse of overreaching and undue influence.

Yet, some immigration attorneys follow the questionable practice of setting up tables, handing out business cards, books, or other items identifying the attorney or the law firm to immigrants during various ethnic fairs and festivals.

Under the Rules, it is improper for a lawyer to personally distribute law firm brochures at a street corner, at a booth during a fair, at a church festival, or at other similar events. (Advisory Opinion 99-5). Furthermore, it is improper for a lawyer to direct a non-lawyer to personally distribute similar materials on his or her behalf in an attempt to circumvent the disciplinary rule.

Similar strict rules apply in case the attorney presents a seminar on a legal topic to prospective clients, and wants to distribute written material about the seminar and the law firm among the attendees. (Advisory Opinion 2015-2). The Rules prohibit the attorney personally handing out of such materials. However, firm brochures and information may be left at the exit of the seminar where attendees can take it or not. The attorney who is presenting the seminar may email or mail information about the law firm, if the attendee provided his or her address previously.

Please continue to follow our website or schedule a consultation if you believe you are a victim of in-person solicitation.

Many attorneys use “non-refundable” flat fee agreements to render legal professional services. While the Supreme Court of Ohio acknowledges that under certain circumstances it is proper for a lawyer to enter a flat fee agreement, such agreement must comply with the Ohio Rules of Professional Conduct. (Advisory Opinion 2016-1).

A flat fee or fixed fee is a fee of a set amount that the attorney charges for specific legal work. Usually, the client pays the fee in advance.

Under the Ohio Rules of Professional Conduct, the flat fee cannot be excessive. Furthermore, the lawyer may only retain a fee equal to the reasonable value of legal services actually rendered. In the event the attorney-client relationship is terminated prior to the completion of the legal services paid for, the lawyer has a duty to account for and return any unearned portion of the fee. This means that if the lawyer quits or the client fires the attorney during the representation (for any reason), the client has a right to an accounting, with details of the time spent on the matter. The attorney must return to the client the unearned portion of the flat fee. (Columbus Bar Assn. v. Farmer).

This is the case even if the attorney designates the fee as “earned upon receipt” or “nonrefundable.”

Additionally, a flat fee agreement cannot interfere with an attorney’s duties to provide competent and diligent representation. If you feel that the payment of a flat fee is interfering with the services you are receiving from an attorney, you should seek an additional opinion on the matter.

Any attempt to threaten the client with the loss of the entire fee before conclusion of the legal matter is a serious violation of the Rules of Professional Conduct.

Please continue to follow our website or schedule a consultation should you desire to know more about “non-refundable” flat-fee agreements.