Home  Features How to choose an immigration lawyer
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How to choose an immigration lawyer |
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So you've decided to use the services of an immigration lawyer to put
through your application to move to Canada. Now the question is, how
exactly do you go about finding one who is right for your needs?
Let's get one thing out of the way first. Hiring a representative
(lawyer or consultant) to handle your application neither ensures that
processing of your application will be faster, nor does it guarantee a
successful outcome.
Canadian law guarantees that applications put forward on your behalf by
a paid representative are treated exactly the same way and processed in
the same time frame as if you were to do it yourself.
Should someone tell you otherwise, say your thanks and leave.
Where paid reps can help is by using their background and knowledge to
put forward your case in the best possible light. A good lawyer or
consultant will honestly appraise your case, advise you on ways you can
(legally) improve your points score, and guide you through the entire
process from application to conclusion.
All this brings a certain degree of comfort to a great number of
applicants for immigration to Canada, which is why there are so many
lawyers and consultants vying for your business.
Which brings us back to the question: How do you decide on the best person to handle your immigration application?
1. First off, do your homework. Make a list of potential lawyers
or consultants you can contact. There are many ways you can do this.
Get recommendations from family or friends who have used services of a
paid representative. Use the Internet to add others to this list. A
good starting point is the listing of immigration lawyers on this site.
2. Do your research. Once you've made your list, visit each of
their websites to research their backgrounds, how long they have been
in business, and to get a general feel of how comfortable you will be
with them handling your case. Read up on articles they may have
written, either on websites or in print publications. A well published
lawyer is fairly likely to be an authority on the subject.
Consider any special needs you have. For example, could you benefit from a lawyer who speaks a language other than English?
Within immigration law, there are a variety of subspecialties,
including employment, family, asylum and deportation. Consider going
with a lawyer with a strong background in your particular type of case.
3. Ensure they meet Canadian immigration requirements. As of
April 13, 2004, new rules were introduced which state that paid
representatives "must be authorized in order to conduct business on
behalf of clients when dealing with the Government of Canada in
immigration and refugee matters".
There are three groups of paid reps who have been authorized by the government:
(Note that this authorization is not an issue if your application was filed before April 13, 2004).
4. Decide between a lawyer and a consultant. There is a
significant difference between an immigration lawyer and an immigration
consultant, and it's a sore point with many lawyers that the latter
group is allowed to handle applications at all.
Until 2004, pretty much anyone could set themselves up as an
immigration consultant, holding themselves out as experts on the
subject of immigration despite the fact that they had little or no
training or experience.
Following the recommendations of an advisory panel, Citizenship and
Immigration Canada eventually clamped down, resulting in the creation
of the Canadian Society of Immigration Consultants (CSIC) – an
independent and self-regulating body for immigration consultants who
are members and who charge a fee for their services.
This development has meant that you can have more trust than earlier if
you choose to use the services of an immigration consultant.
Lawyers' fees are typically higher than those of consultants; after all
you are paying for legal knowledge and skills, should the need arise.
5. Pick a representative it's easy to communicate with. It is
important that you are able to meet your representative in person
rather than conduct a long-distance relationship. Many Canadian lawyers
and consultants visit certain regions often, to meet with existing
clients and talk to potential ones.
Talking to a rep face to face will give you a better feel for their
personalities, how realistic they think your chances are and how
exactly they will handle your particular case.
Just as important as meeting the representative in person is the
ability to always be in touch. Find out if, were you to use their
services, you can continue to follow up with them via email, over the
phone, or through fax.
6. Go well prepared for your meeting. If a lawyer has sent you a
questionnaire to fill out, make sure this is done and returned before
your meeting. Carry a copy of all papers relevant to your situation.
Organize the documents in a logical manner before you meet with the
lawyer.
Prepare a list of questions to take with you to your first meeting. No
question is too silly to ask. General questions to ask would include:
How many matters of a similar nature has the lawyer handled? How much
of his or her work is done in this area? What paperwork is involved and
how long will it take to finalize? How would the lawyer go about
handling your situation? What is the process? How long will it take to
bring the matter to a conclusion? How would the lawyer charge for his
or her services? Can the lawyer provide references?
7. Provide the facts. Just as you want to learn as much as you
can about the lawyer or consultant, they want to know all relevant
facts about you. Don't lie or mislead, this can wind up hurting your
case in the long run. Lawyer-client confidentiality is assured even if
you don't sign up, so provide all the relevant facts, even if you feel
these may hurt your chances.
8. Meet with more than one lawyer. You don't have to sign up
with the first lawyer or consultant you meet. If you feel you are being
pressured to sign up at your very first meeting (for example, by being
offered a fee discount if you sign right away), it's better to walk
away. Consult, compare, evaluate, then decide.
9. A question of fees. Most immigration lawyers and consultants
charge a flat fee, though in many matters, hourly billing or
contingency billing may be done. If a lawyer prices way outside of the
market – either on the high or the low side – this should be a source
of concern. The lawyer may not have any idea how much work is really
involved in the case. Or the lawyer may simply be attempting to charge
too much.
A lawyer who quotes a price too low may also be able to price that way
because the work is being pushed down to the level of a legal assistant
or a junior associate. There are great lawyers who charge more and
lawyers who operate extremely efficiently who can charge less. So
comparison shopping may serve you well.
Be sure to ask if the fee covers everything in your case or if there
may be additional charges. Ask when the payments will be due.
10. Ask for a Retainer Agreement. A lawyer should give you a
Retainer Agreement or other paper with the fee written down. The
agreement should say what the lawyer will try to do for you. If the
lawyer does not want to give you a written agreement, find out why. Do
not look for a guarantee in the agreement. All law cases are subject to
change in the facts and in the law that take place as they are being
worked on.
Ensure you read and understand everything in the agreement before
signing. If there's something that does not make sense, ask for it to
be explained to you. You are about to part ways with a great deal of
money, so make sure you understand what you are signing up for.
Related: Find an immigration lawyer.
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