Research Proposal on "Lawyer's Philosophy of Lawyering"

Research Proposal 15 pages (3895 words) Sources: 0

[EXCERPT] . . . .

Immigration Lawyer Interview Assessment

Every person who comes before a court in the United States has a Constitutional right to representation. That is not a right reserved for citizens alone, but is a right that is extended to everyone, because it is justice that serves as the premise for the social structure in America. This is a right that our forefathers were emphatic about, because they had been falsely accused, held, and tried without representation. When America won her freedom from Great Britain, the forefathers wanted to be sure that everyone who came before the justice system in our country had the benefit of a trained legal mind to represent them. Unfortunately, this does not assure that the legal mind is an ethical one, or that their particular level of ability and skill in trial law is of a quality that will

Henry Cruz is an associate attorney practicing immigration law at Rios Cantor, PS, in Seattle, Washington. Cruz was interviewed as to his work and approach in defending his clients in cases brought before the Immigration Court for removal of defendants. Cruz explains removal as a petition to the Immigration Court made by the Immigration Service's to deport a defendant to their country of origin an alien, legal or illegal. As Cruz explains, immigration cases for removal can be brought against children as well as adults, and, unlike other immigration cases where the defendants are allowed attorneys paid for by the government, a petition for removal does not entitle the defendant to an attorney at the expense of the government. For Cruz, these cases are a double-edged sword; he likes the challenge, and he's doing pro bono work that is important to him individually. Cruz is an attorney whose personal work and contributions to the community stand as testament to his integrity and dependability as a lawyer and as a citizen.

Nearly every major metropolitan center from coast-to-coast has a problem with illegal immigration. Immigration laws that can be used to remove criminal offenders from the United States, back to their country of origin serve to eliminate the problem of illegal aliens who commit crimes in the United States. Cruz has made himself available to many of the people that he has represented in these cases because he believes that they deserve an opportunity to be represented, but also because he knows that every opportunity they have to extend their stay in the United States, the greater the opportunity that they could remain here permanently. That is the goal, t o improve the opportunity for a better life for the people that he is dealing with; at least from his perspective.

Whether or not the community would agree with Cruz remains to be seen, because most of the clients that Cruz represents are not people convicted of crimes, he says, but people who are victims of "a flawed international trade system and a broken immigration system." To many people, this might suggest that Cruz's clients are criminals, even if they are not career criminals, they have in some way broken the laws in what Cruz refers to as our broken system, which has caused them to come before the immigration court. Cruz is discriminating in the cases that he accepts, because if it "winnable" he confesses, that is really what he will readily take. There are cases, however, which he also takes because, again, his philosophy is that the longer he can keep a client in the country, the greater their opportunity to perhaps make their stay permanent.

Reading the interview, we know that Cruz is an experienced lawyer practicing immigration law, but we really know very little about the interviewer. In some respects, the interviewer has missed opportunities to explore the comments Cruz makes, and to go into a greater detail based on his comments that could help us understand more about Cruz. As it is, it is an interview that tells very little about Cruz, and it allows Cruz to completely dominate, and actually almost guide the interview process in the direction Cruz wants it to go. This is a sign of a great trial attorney, which Cruz certainly is if his background and history as he gives it to the interviewer is accurate.

The Cruz Philosophy

It is well within Mr. Cruz's right as an attorney to refuse to take a case if he thinks there is an effort being made on the part of the client to cause him to be implicit in present false or misleading information. Not only should Mr. Cruz refuse the case, but he is smart to do so, because a client who seek to have Mr. Cruz falsify applications or records on their behalf, would not stop short of implicating or blaming Mr. Cruz for some problem that could be resolved with offering Mr. Cruz up as a scapegoat.

Mr. Cruz is absolutely correct when he says that if he unaware of a client's fraudulent intent, then it is a non-issue. If there is a flaw, it is not in Mr. Cruz's approach to practicing immigration law, or with his ethics. If the client chooses to provide his or her attorney with false and misleading information, then the lawyer cannot know that. The lawyer must accept that his client is telling him the truth, or the system breaks down. if, on the other hand, Mr. Cruz is aware of a deception, he must decline to become involved in it. Mr. Cruz has indicated that that is in fact his practice.

Mr. Cruz is very involved in pro bono work, and is involved in numerous organizations within his community where he would be approached for those kinds of services. Mr. Cruz is a man of integrity and conscience, and he works within the framework of the ethics imposed upon him as a member of the bar and as an officer of the court.

Case Strategy

That Mr. Cruz readily admits the case strategy, especially involving the testimony of witnesses, is entirely under his discretion as to how to proceed and what documents he chooses to submit. This is a concern, because there are some documents that could hurt the client's case, and Cruz does not submit them. It is difficult to determine the difference between fraudulent applications and just conveniently leaving forms out of the filing because they could be damaging to the client is having information that could be construed as complicit in fraud. Cruz says that he is not required to submit forms or information that is prejudicial, and he makes the distinction between prejudicial and fraud. He also goes on to say that this is something he utilizes as a tool, depending upon the dynamics of the case, to garner favor with the judges and to help support his own reputation as an honest and dependable lawyer, colleague, and officer of the court.

Even with these minor concerns, the way in which Cruz goes about presenting his case and the information concerning his clients is not enough to deem him a bad attorney. Cruz always makes sure to explain to his client their rights. This is probably the most important aspect of representing a client. A client informed of his or her rights is then making informed decisions - to the extent that Cruz informs them of the opportunity to make the decision. This takes us right back to the decisions that Cruz says he makes without consulting the client, because he is the expert - as to who testifies and what testimony should go into the case. Cruz really might rethink his approach here.

When Cruz talks about the need for a good relationship with the government and professional colleagues, there is no break of an ethics rule or code. He is correct, because most of the professionals who work in a specific area of law know one another well, and they cannot let their cases come between them professionally or intellectually.

When Cruz talks about withdrawing from a case, it is always a matter of ethics that forces an attorney to consider withdrawing from a pro bono case. An immigration case would be more difficult to withdraw from, because judges ultimately have to approve an attorney's withdrawal. Most judges would want it to be a serious extenuating circumstance before an attorney is allowed to withdraw from a case that might leave a person without legal counsel. It is, however, a serious matter when an attorney withdraws from a case, and a decision that is ultimately made by the judge - depending upon how far the case has progressed.

Cruz mentions that the definition of "morally" as used in the legal guidelines governing an attorney's withdrawal from a case is ambiguous. The ambiguity prevents a lawyer from hearing a client's misdeeds, or ideas about misdeeds, and being implicated in those ideas. There is a confidentiality clause under which lawyers work, and Cruz is obligated to maintain that confidentiality, even if his client has committed an illegal act.… READ MORE

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