Following a successful symposium at the Fordham Law School in 2009, several subcommittees to a larger Study Group on Immigration Representation wrote up reports of their findings and recommendations. These reports were published in the November 2009 Fordham Law Review, further raising awareness of the problem of inadequate representation of poor immigrants. Fragomen participated heavily in the third subcommittee on “Addressing Inadequate Representation”, co-chaired by Fragomen Partner
Michael Patrick and Dr. William Kuntz. This subcommittee focused on how to address the fraudulent activities by nonlawyers and poorly trained lawyers who take advantage of immigrants.
The subcommittee produced a report entitled “Regulating Immigration Legal Service Providers: Inadequate Representation and Notario Fraud”, written on behalf of the subcommittee by Fragomen Counsel
Careen Shannon and supported by Fragomen attorneys
Libby Reichard and
Charlotte Smith. The report aims to help lay the groundwork for ensuring that immigrants in need of competent legal counsel can access the help to which they should be entitled.
The report provides a case study examination of an immigrant family who was victimized by unscrupulous providers. It discusses what constitutes ineffective assistance of counsel and the unauthorized practice of law, and who, under federal law, can represent foreign nationals in immigration matters. The report also proposes various changes to local, state, and federal law and policy that would help to combat fraudulent activities by unscrupulous nonlawyers and inadequately trained lawyers. To read the report please visit:
http://law.fordham.edu/fordham-law-review/15142.htm.
The larger Study Group on Immigrant Representation is led by Judge Robert Katzmann of the Second Circuit and Judge Denny Chin of the US District Court for the Southern District of New York, with support from Judge Noel Brennan of the New York Immigration Court. To review all of the reports following the symposium, please visit:
http://law.fordham.edu/fordham-law-review/15905.htm.