Practitioners Conduct in the United States
Practitioners Conduct in relation to Immigration Courts
(information based on the DoJ Manual) The following conduct by practitioners may result in discipline. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.102. For a full explanation of each ground for discipline, the regulation should be consulted. These examples do not constitute the only grounds for which disciplinary sanctions may be imposed.
- grossly excessive fees
- bribery or coercion
- offering false evidence, or making a false statement of material fact or law
- improperly soliciting clients
- disbarment or suspension, or resignation while a disciplinary investigation or proceeding is pending
- misrepresenting qualifications or services offered
- conduct that would constitute contempt of court in a judicial proceeding
- a conviction for a serious crime
- falsely certifying a copy of a document
- frivolous behavior, as defined in 8 C.F.R. § 1003.102
o ineffective assistance of counsel
- repeated failure to appear
- assisting in the unauthorized practice of law
- engaging in conduct that is prejudicial to the administration of justice or undermines the integrity of the adjudicative process
- failing to provide competent representation to a client
- failing to abide by a client’s decisions
- failing to act with reasonable diligence and promptness • a practitioner’s workload must be controlled and managed so that each matter can be handled competently • a practitioner has the duty to comply with all time and filing limitations • a practitioner should carry through to conclusion all matters undertaken for a client, consistent with the scope of representation
- failing to maintain communication with the client
- failing to disclose adverse legal authority
- failing to submit a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28)
- repeatedly filing boilerplate submission.
Practitioners Conduct in relation to Immigration Courts
(information based on the DoJ Manual) The following conduct by practitioners may result in discipline. See (in this American law platform, in relation to immigration courts and judges) 8 C.F.R. § 1003.102. For a full explanation of each ground for discipline, the regulation should be consulted. These examples do not constitute the only grounds for which disciplinary sanctions may be imposed.
- grossly excessive fees
- bribery or coercion
- offering false evidence, or making a false statement of material fact or law
- improperly soliciting clients
- disbarment or suspension, or resignation while a disciplinary investigation or proceeding is pending
- misrepresenting qualifications or services offered
- conduct that would constitute contempt of court in a judicial proceeding
- a conviction for a serious crime
- falsely certifying a copy of a document
- frivolous behavior, as defined in 8 C.F.R. § 1003.102
o ineffective assistance of counsel
- repeated failure to appear
- assisting in the unauthorized practice of law
- engaging in conduct that is prejudicial to the administration of justice or undermines the integrity of the adjudicative process
- failing to provide competent representation to a client
- failing to abide by a client’s decisions
- failing to act with reasonable diligence and promptness • a practitioner’s workload must be controlled and managed so that each matter can be handled competently • a practitioner has the duty to comply with all time and filing limitations • a practitioner should carry through to conclusion all matters undertaken for a client, consistent with the scope of representation
- failing to maintain communication with the client
- failing to disclose adverse legal authority
- failing to submit a Notice of Entry of Appearance as Attorney or Representative Before the Immigration Court (Form EOIR-28)
- repeatedly filing boilerplate submission.