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Opinion

Free legal assistance etiquette

US IMMIGRATION NOTES - Atty. Marco F.G. Tomakin - The Freeman

The other day, I was asked by a Filipino community if I would be available next month to attend one of their activities. As an immigration attorney, I often receive these kinds of invitations either to sit as an adviser, officer, or member of organizations which mostly have the mission of rendering assistance to immigrants --documented or not. I assist in whatever capacity I could do --giving free legal advice, helping raise funds, soliciting donors and sponsors, sitting as liaison, or even just driving around town for newly-arrived immigrants. I like doing this kind of service and help any way I can.

However, there are times when rendering free assistance backfires negatively. There was one individual I was trying to help file his naturalization certificate but in so doing he expected me to pay his USCIS fees. Or that of another case where the applicant cannot even answer the forms truthfully and honestly and never took the time to gather his documents. Though few and far in between, this type of behavior can be frustrating and disappointing especially when your main objective is to help, but it seems like the one who needs help doesn’t even help himself. In today’s column, I’d like to give you some etiquette tips if you happen to get free or low-cost legal assistance.

1.) Clarify with the organization or with the lawyer if the legal assistance you are getting is free or discounted. Don’t assume that because it’s from an organization that it’s free. Additionally ask if there are fees in the subsequent consultations, other fees such as filing and preparation costs and other related out-of-pocket expenses.

2.) Be prepared with your documents. Make it easy for yourself and the individual helping you by gathering and organizing your documents. Don’t unnecessarily waste your attorney’s time by having them sort out your own files for you.

3.) Know your questions. When you walk into a free legal clinic, make sure you know what you’re asking and if possible, limit your questions. You’re not the only one needing assistance. Be mindful that there are others who also need their matters to be heard.

4.) Don’t consult someone else’s problems. Don’t volunteer to ask for your friend’s issues. There may be some information that you omit or don’t know which changes facts, thus affecting the quality of the advice. Also, don’t ask about your friend’s case. Not only will the lawyer not tell you due to confidentiality rules but you also paint yourself unethical and inappropriate.

5.) Don’t ask for your lawyer’s personal number or ask to be friended in Facebook.

Lawyers have private lives too. Wait for them to give you their personal private number or accept your friend request. Don’t badger them for their cellphone numbers. In a rare case that they give you their personal number, be mindful of the time of your call. Unless you are paying them whenever you call, show a little respect for their time. I remember I had a free client who called me in the middle of the night just because he wanted to review his form.

6.) Be truthful. That’s the least that you can do. You have already received for free what is otherwise a very expensive legal service, the best and least you can do is be honest with your case. Don’t try to hide any facts, dates, and names. You will only have to suffer later when your advocate doesn’t know the truth.

7.) Know the coverage of the work. Ask the lawyer what work covers the free or discounted rate. Is it in the initial filing? Does it include appeal, motions, and representation in court?

8.) Be cooperative. It would be helpful if you have prepared the answers on the forms or that you have prepared a draft form that the lawyer goes over with you. This saves a lot of time and fees as well.

9.) Be proactive in your own case. From time to time, you may want to follow up your case on your own. Again, make things easier for your pro bono lawyer by checking you own case online and update your case in matters that do need a lawyer such as address change.

10.) Pay it forward. If you received a free legal clinic make sure make sure you repay it by doing good works, helping other immigrants who are new to the place, and volunteering in organizations that do the same thing. Remember where you came from and be responsive to the needs of other immigrants after you. We all start somewhere and for a newly-arrived immigrant to feel that he is welcomed or that a community is ready to help him is just a very nurturing relief that you can make it though.

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