taking lawyer to small claims court for RFE?

[Krikit 1,163]

Moving from K-1 Progress to General Immigration Discussion.

[coraliesolms 47]

When ours just vanished with our money, I wanted to hunt him down and sue. I was advised by a family friend civil attorney that it would just end up costing me more money and heartache down the line. I wrote a letter to the Nevada State Bar and they just ignored it.

I would advise against suing an attorney. Perhaps just give the guidelines a good solid read, and double check everything from now on.

Good luck!

[pat/jan 0]

It happens to me also 4 years ago,when i filed a fiancee visa I-129f,i hired a lawyer just to assist to the process i paid $1500.00 and then after 5 months of waiting for the NOA2 i got and RFE for a birth certificate,im pissed off because its waste of time im just thinking how come the lawyer forget to send BC but the damaged has been done all i need to do is to send it and the lawyer ask me again $600.00 to send the RFE,i paid it because all i wanted was the whole process will be over specially i dont have knowledge on everything about USCIS before but well you by your experience...after my fiancee got here in US we do all the papers without the help of the lawyer from the udjustment status until the removal of the conditon the whole process we did it by researching online...

[Tero 105]

It happens to me also 4 years ago,when i filed a fiancee visa I-129f,i hired a lawyer just to assist to the process i paid $1500.00 and then after 5 months of waiting for the NOA2 i got and RFE for a birth certificate,im pissed off because its waste of time im just thinking how come the lawyer forget to send BC but the damaged has been done all i need to do is to send it and the lawyer ask me again $600.00 to send the RFE,i paid it because all i wanted was the whole process will be over specially i dont have knowledge on everything about USCIS before but well you by your experience...after my fiancee got here in US we do all the papers without the help of the lawyer from the udjustment status until the removal of the conditon the whole process we did it by researching online...

Couldn't you have responded to the RFE yourself at that point?

[florinaRO 5]

We hired a lawyer too, nobody blames you for getting one. We wanted everything to be prepared well and we were desperate.But what I want to tell you is our story with first lawyer we hired:

We hired "the best immigration attorney" in our city. at least he got the best references. Because he was very busy we had to wait 2 weeks just for the initial meet . My fiance paid him and we were told that our papers will be done in 2 weeks. During these 2 weeks we get no request for information regarding us so we kept checking with him and he was saying that he is working at our case and has all he needs. After 2 weeks my fiance called him and he didn't pick up the phone. Next day my fiance went to his office early morning and when the lawyer saw him he said that he will refund us and he didn't do anything with our papers. WE LOST 1 MONTH ! I wanted to sue him but we were too busy finding another lawyer and apply ASAP. Anw what chance you have to sue "the best" lawyer in town ?

But I understand you , although, please wait and see what is that RFE about , it might not be his fault .

Good luck !

[Haarp425 26]

i was not prepared at ALL!! for what's ahead by my lawyer it seems all he does is take my

hard earned $4500,00 and then say to hell with me!

$4500 OMG!

To the OP, I agree with them that it will hard for you to win at the small claims court. I think it is not the attorney that prepares the whole packet, they have some kind of administrative personnel that files all the paperwork and submits them to the USCIS. However, if you sue this attorney to a small claims court, at least there will be a record against the attorney that someone sued him/her for his/her services rendered to a client.

Think of this way. It is similar to a automative repair shop ("not all but some maybe tempted"). If you don't know how to even change your oil, change your tires, inspect your oil level, check fluid levels, etc and then you tell the automotive repair shop that you have a problem with your vehicle and you have no idea why there is a problem with your vehicle, the automotive repair shop maybe tempted to tell you other things that need replacement because you don't know anything about your vehicle and it will cost your $$$$.

I think of this way. Filing I-129F is simple if you follow the instructions and then check the website for help if your are not sure. Now, you go to a lawyer for help in filing I-129F then more than likely they will probably hear "ka-ching"

Reputable lawyer might not take advantage of you when filing for your I-129F but others might be tempted to charge you "arm and a leg".

Well, if you have serious immigration issues to begin with and not sure if you qualify or something then ask advice from a lawyer and find a recommended lawyer and not just use the yellow book to randomly search for a lawyer.

[Darnell 8,478]

I would suggest something else -

ask for a partial refund, and enclose an invoice.

when the invoice isn't paid after 90 days, THEN go to small claims court.

[bestofboston 36]

It may have something to do with your fiancee applying for visas that was not disclosed to the USCIS.

[thongd4me 69]

The retainer a lawyer takes from a client is for services rendered.

What that means is that the lawyer represents you at USCIS. If he sent your stuff to them, he's done what you paid him for.

Unless you signed a special contract where your lawyer guaranteed the you won't get an RFE or that the whole process

wouldn't take longer than a certain amount of time, you absolutely have no basis for a claim.

Best answer.

All legal contracts clearly state something to the effect that

The client understands and acknowledges that [The FIRM] offers no guarantee on the

outcome of the case or the existence of pertinent information. [The FIRM] only guarantees that

the necessary information, documentation, etc. will be searched for diligently,

legally, expediently, and as economically as possible.

Also:

We can guarantee the integrity of our promise and actions.

We cannot guarantee results, because it is the client who gets

credit and is responsible for outcomes, not us. When we claim results

for ourselves, we have stolen something from the client.

No general can guarantee victory

No pilot can guarantee safe arrival

No doctor can guarantee the outcome of a major surgery

In summation, law would not be such a lucrative occupation if lawyers were not paid win, lose or draw.

Edited February 25, 2011 by thongd4me

[Angelheart1962 6]

Happened to us too....our lawyers have been rubbish from start to (almost) finish. We got wrong forms at first which set us back a month, then an RFE at USCIS and one from NVC. This was NOT down to anything my husband and I had omitted, but purely mistakes on the lawyers part. All in all it has cost us over $4000 and set us back around 3 months. They haven't told me any info about the medical which I found out about on here, or given me any advice other than fill in forms incorrectly which we have had to proof read and return. So basically we have done their job anyway. I am really angry, and we are going to contact the local Bar Association, but I also know a lawyer never wants to sue another lawyer so I dont expect to get any compensation or refund.

My sincere advice to any newbies is to rely on the excellent VJ members, and unless your case needs special consideration, do it all yourselves.

Good luck x

[TRELAWNY PARISH 10]

I'm sorry, but if I'm paying someone for services and they're not being provided I would have to file a complaint. I've heard of people getting deportation notices because they didn't report for a hearing or their cases put on hold because they didn't show up for biometrics (because) the attorney did not forward the information. If I hired you and I called you for information on my case you better take my calls or I'll will be sitting in your office daily or on the hood of your car when you get out of your office (not that I'm suggesting that). I think some people are just intimated by attorneys (don't know why)...but I can't just say here's my paperwork handle it. I need constant communication by phone, email or in person. Hope things turn out better for your case and you move forward in the process.

[DaveE 178]

I agree there are bad attorneys and good attorneys. Many of the stories in this thread at indicative of what I could consider bad attorneys, or attorney's who don't specialize in immigration law. However,in the OP's specific instance, I don't know what they could charge the attorney with. The received an RFE and don't yet know what it is for. USCIS could have lost a document after submission (as they did in my wifes AOS process). They could simply want clarification on previous visa petitions. Conversely it could be the attorneys fault if he neglected something. My opinion is that it is far too early in the process to start talking about sueing your lawyer. However for $4500, if it was the attorneys fault, he and I would be discussing refund.

[Shenzhen 34]

Has anyone ever tried this? I hired a lawyer (before I found this site, and because I had been advised by multiple people to do so because of previous visa applications by my fiance--although all this of course turned out to be unnecessary). In any case, I got an RFE (don't know what for yet, haven't gotten the hardcopy) and I am royally pissed at my lawyer. My parents have advised that I take him to small claims court and try and get my money back. He seemed competent before this, sending me very detailed lists of everything I needed, but now that an RFE because of him has set us back at least a month, I want at least some of my money back.

So if anyone has any advice on whether small claims court would work, or if they have done this or looked into it, I would appreciate the help.

Also, please do not just reprimand me for using a lawyer, my fiance and I were desperate and confused when we started this whole process and were mistakenly under the impression we needed a lawyer.

I am dealing with a very incompetent lawyer at this time. He has had 3.5 months to file my papers at the NVC AOS and DS-230 I just wrote him an email for like the 10th time to email the papers to the NVC already. I have been begging and pleading with this idiot for over 4 months. It took 7.5 months at the USCIS when my case was finally looked at I got an RFE. The RFE was because of him not sending a copy of the marriage license translated to ENGLISH which I gave him over a year ago. Talk about a blundering idiot I am paying this moron for WHAT? The way I look at he should be paying me. Heck I did all of the work so far. Lawyers suck never had a good experience from any lawyer. I have had to fire a few. It's not pleasant. The bar association is your best hope.

[vett 6]

When ours just vanished with our money, I wanted to hunt him down and sue. I was advised by a family friend civil attorney that it would just end up costing me more money and heartache down the line. I wrote a letter to the Nevada State Bar and they just ignored it.

I would advise against suing an attorney. Perhaps just give the guidelines a good solid read, and double check everything from now on.

Good luck!

and you just let it go like that huh?? this is the exact attitude that got this , and all other incompetent attorneys believing that they can do these things to people and get away with it!!bcuz i saw one person post, advising the OP that taking the lawyer to court is like fighting shark in the sea! what kind of attitude is that??? so i guess he is suggesting that if a shark attacks u in the water you shd just roll over and die!! i am sure there are a lot of people who fight for their lives and walk away the victor against these so called sharks!

my point is that, i have my rights and i will challenge any one to that right! even if i lost

at least i would have still gotten my message across, that it is not o.k to try and take advantage

of people, i will not be intimidated by anyone, i do not care about your, race, class, color, or

what title you may hold in society! it is really sickening the way some of these attorneys treat

their clients. and it should be stopped! some one ought to teach them a lesson. we as people should

be rallying against, these type of behavior!!! money does not grow on tree and they do all type of

unscrupulous things to people because they are saying to you, i am the big shark and you are the little

ants! i will just step on you and squash you, so i dare you to challenge me!!!

you know we jamaican's have a saying that "every day bucket go to well one day the bottom must drop(fall) out"!!!

so i am not saying the OP would win on that day in court but if they take him to court, and someone else do it

and then another person do it, one day he and all those sleeze bags attorneys would have to pay!!!!

and anyone who wants to reprimand me for what i just say, be my guest!!!

[katiemanny 64]

Attorney assistance does not guarantee approval, however it does guarantee delays and RFE