Ethics Guidance

The old adage, β€œan ounce of prevention is worth a pound of cure.” is especially true in the context of attorney ethics. It is very inexpensive to have a consultation with an experienced ethics attorney as compared to the cost of defending a complaint filed with a disciplinary authority.

Berke Law Offices, Inc. is qualified to advise on all matters of legal ethics and can recommend systems and processes to prevent ethical problems from arising.

Immigration attorneys are subject not only to the Rules of Professional Conduct promulgated by their state bar, but also to additional rules contained in the Code of Federal Regulations. Those rules subject attorneys to discipline for, among other things:

  • Charging a grossly excessive fee;
  • Engaging in bribery or coercion;
  • Knowingly or with reckless disregard makes a false statement or willfully misleading, misinforming, threatening, or deceiving any person;
  • Soliciting professional employment – a practitioner is prohibited from distributing solicitation material in or around the premises of any building in which an Immigration Court is located;
  • Being or having been subject to a final order of disbarment or suspension, or having resigned with an admission of misconduct, by any State or Federal court;
  • Knowingly or with reckless disregard making a false or misleading communication about qualifications or services (e.g., practitioners must be recognized as certified specialists in immigration law in order to refer to themselves as such);
  • Engaging in contumelious or obnoxious conduct;
  • Having been convicted in any State or Federal court of a serious crime;
  • Falsely certifying a copy of a document as being true and complete;
  • Engaging in frivolous behavior;
  • Engaging in conduct that constitutes ineffective assistance of counsel; and
  • Repeatedly failing to appear for scheduled hearings in a timely manner without good cause.

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