Legal Question in Legal Ethics in Illinois

My lawyer is ignoring me...

I am a legal worker under H-1B status. I have asked the lawyer in IL (I'm in MD) for a free evaluation of my resume to apply for a greencard under National Interest Waiver. He said I'm qualified and I decided to seek for his help. I paid to his service in FULL in Sept. 2001. A year later I have no clue if he has even applied my case to INS because he doesn�t give me any updates. I sent him e-mail numerous times for updates of my case. He doesn't reply to my e-mail. I started sending Express Mail so I can have records of delivery in mail, then he respond but without answers to my questions. I give him deadline for the response to mail but he responds to me via E-mail without answers. He recently responded to my Express Mail on deadline date telling me the office is closed today (Wed.) and he'll get back to me on Friday. I've sent 3 e-mails and left him 2 messages since that Fri. Still no response. I've been asking for updates past several months without success.

I need to get a greencard to work in US after expiration of my visa. I've already paid for his service. How do I get my money back? I have no money to hire another lawyer. What should I do to find out my greencard application status? What should I do with this lawyer?


Asked on 10/17/02, 8:57 am

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: My lawyer is ignoring me...

If you are in Maryland, I don't understand why you hired an attorney

in Illinois. Nonetheless, this is the past.

Your question should be resubmitted to Lawguru under the state of Illinois since

this relates to a matter involving Illinois law. It may be beneficial to contact the Illinois State Bar Association for

guidance.

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Answered on 10/17/02, 10:56 am
Lawrence Holzman Holzman Law Firm, LLC

Re: My lawyer is ignoring me...

Since your question is posed under the heading of legal ethics, I will address the ethical issues you have raised: (1) I am concerned about the fact that you reside in Maryland and your attorney is in IL. Theoretically this may violate licensing statutes unless this atty was also licensed to practice in Maryland; (2) failure to communicate with a client is a potential ethical violation; (3) lack of diligence (i.e. failing to do the work in a timely fashion) can also be an ethical violation.

There are other possible violations depending upon additional facts, such as whether the work was ever done, whether the money was maintained in a proper attorney trust account etc.

Since it is an Illinois attorney, it would make sense to investigate with the bar association in Illinois. However, since there is an arguable unlicensed practice issue here in Maryland, it would also make sense to investigate the matter with the Maryland Attorney Grievance Commission.

Please feel free to contact me if you would like to chat briefly about your options. I serve as a member of the Montgomery County Bar Association Ethics Committee.

Lawrence R. Holzman, Esquire

Joseph, Greenwald & Laake, P.A.

6404 Ivy Lane, Suite 400

Greenbelt, MD 20770

(301) 220-2200

fax (301) 220-1214

Disclaimer: Please note that the posting of this response is not intended to constitute legal advice. You should contact an attorney to obtain information applicable to your situation. This posting is not confidential or privileged and does not create an attorney/client relationship.

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Answered on 10/17/02, 12:30 pm


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