Need help. Correct way to terminate lawyer.

[MikeandRong]

My lawyer has finally sent in our K1 petition to NSC. I went to his office on 4/25/2006, and proof read the finale package. I did this first with his assistant, and found some minor errors, which the assistant said he would correct right now. I then talked with the lawyer and he said it would be sent out Next Day Air that same afternoon (I had specificly said Next day Air, and he specificly said yes). He would also have his office give me a complete copy of the application. I said don't mail it, I would pick up my copy Thursday. At 5:00pm yesterday, I get the email with the tracking number, and it is 2nd day air and sent to the USPS address at NSC, not the private delivery carrier address at NSC. I immediatley phone him, but the clerk said it already was picked up, and both the lawyer and assisant had gone to dinner. I know it will get there tomorrow, but it is now being handled many extra times. Also today I get my copy in the mail from him, (he mailed it anyway). Upon me reviewing it, I see white out on the on the G-325A for her (I put the correct information, he thought it was wrong and changed it, then changed it back to my answer again, it was perfect at our review time), 4 blank spaces on one of the I-134 pages instead of the word N/A (he insisted we send this in with the initial application), 2 spelling errors on the cover letter and an incorrect date, he left off her country code on the phone number on the I-129F it should read (86), so he hand wrote it in after the phone number. Of course today the lawyer and his assistant are to busy to talk to me, I only get an email at 5pm, saying he would be in contact no later than tomorrow (Thursday). I did email him and phone him through out the day wanting to talk to either of them.

 

My mistake, I should have waited for my copy so I could see first hand the corrections made. My mistake, I should have watched him fill out the shipping label, as I would have noticed the error immediatley.

 

Will it cause a denial, no. Will it cause a possible RFE or delay at NSC, yes. I feel that there is no excuse for this as he is an immigration attorny. In the assistant's email to me today he also took the liberty to inform me that I had signed the paper letting them make decisions for me in the firms best interest for me. Error or mistake, the lawyer was hired by me to work for me. Legally not responsible, but morally very wrong.

 

I will be requesting a face to face meeting with the both of them ASAP when we talk tomorrow.

 

My questions are the following:

 

1. What would I say exactly to him in order to have him not represent me anymore as I have lost my trust and faith in him.

 

2. What form or paper would I have to sign or give him to terminate this releationship with the lawyer, and how would I word it.

 

3. What form or paper should I get back from the lawyer to acknowledge this fact, and who should sign it.

 

4. Because the I-129F will be at NSC tomorrow, I can not remove the paper that gives him power to act on my behalf and all of the papers show that his firm prepared the documents. Will NSC, NVC, GUZ, or anyone else have a problem with me removing the attorny from our petition?

 

5. What is/will be the proper and correct procedure to contact NSC to inform them that the attorny has been removed.

 

6. Who/should (I, attorny, both) will make this contact.

 

7. Is this done by mail, fax, phone, email, and to whom and where.

 

8. At what point of time should the contact be made, as they will only receive the I-129F tomorrow. Do I wait until the NOA1. Do I wait until the NOA2. Do I wait until it gets sent to NVC.

 

9. I need to be sure that all future communication will be coming to me and not the law firm, what is the exact procedure for this.

 

10. Later, will I be able to call DOS or someone else and verify that indeed the attorny is removed and all communication will be coming to me.

 

11. If not, in what way or manner can I verify that is will be coming to me.

 

12. After removal of the attorny, what happens if he still receives mailings or communication. Is he obligated to tell me that he received it. Does he have to tell me in a timely manner. Can he legaly charge me to give me these communications.

 

My mind has many thoughts and ideas now, but I do not want any more mistakes or errors by this law firm. Any and all help will be much appreciated. Respond here, or feel free to PM me. I will even phone you if you think that is would be easier to talk on the phone.

 

Thank you in advance,

Mike

[LeeFisher3]

Mike, you need to keep your cool until you get a copy of NOA1, that will have her A# which will be required to remove him officially from the case.

 

You signed a G-28 that gave him permission and I believe submitting another G-28 to NSC can have him removed. This can be filed at your local USCIS office, but you will first need to have the A# so you can schedule an appointment or mail the G-28 to NSC.

 

Unless there is something extremely, terribly wrong you will get the receipt notice in the next few weeks.

 

One thing you should remind him is "He is the professional and you hired him for his expertise."

 

I'd let it ride until you have a copy of NOA1 and at that point you will have enough information to remove him from the case.

[coulter]

I can only offer general suggestions as to 1-3. I'm sure there are other members who have personal experience who can help you with the other questions.

 

I see no benefit in meeting with the attorney at this time. A simple, polite letter informing the attorney that you are very disappointed in the finished product (identify your complaints), and have lost trust in his/her ability, therefore you are are terminating the representation effective immediately should be okay. Maybe fax and mail, so you have a confirmation that it was received by the attorney. I don't think there is any need to ask the attorney to sign anything.

 

If no one else reading your post has a better suggestion or personal experience, a certified letter signed by you, to NVC, revoking the attorney's appointment and instructing NVC to send all future communications to you, might be effective. In that letter, I would ask NVC to inform you if NVC needs anything else to implement your request.

 

Most states would not condone the attorney charging you for services claimed to have been rendered, after the attorney's termination of services.

 

Good luck!

[Yuanyang]

I agree with Lee. Wait for the NOA1.

[MikeandRong]

Lee, thank you, that is the information I was looking for. I will wait until I receive the NOA1. Yes, I did sign the G-28 for the attorny. I agree, no use in meeting yet. I am keeping cool, just really pissed off inside. Thanks for the fast response, it means alot to me.

 

Mike

[Guest ShaQuaNew]

Best way to fire an attorney....

 

http://i3.tinypic.com/wk1unm.jpg

[MikeandRong]

I knew I was setting myself up for that comment, haha.

[MikeandRong]

My SO tells me this morning when we are talking on the web cam:

 

lu shi hao, zhu shou sha gua, jie gu zhu shou. I tell her we wait until NOA1. She say Ok.

[MikeandRong]

I just called USCIS customer service at 1 800 375 5283, # 1 for English, then option #2. I was on hold for 4 minutes and talked to a wonderful lady who was quite understanding. This is what she told me to do.

 

1. Simply wait for the NOA1 notice which will have my case number on it.

 

2. Write a simple letter with my name, address, phone number, and case number.

 

3. In the letter simply state that I am removing my attorny from my case, and I request all future communication to be addressed to myself.

 

4. Hand written, or typed is fine, just remember to sign and date it.

 

5. It does not have to be notarized at all.

 

6. Make a clear and legible copy of the NOA1 receipt and include that with the letter.

 

7. Make an extra copy of the letter and NOA1, and retain for my records.

 

8. Mail it to the same address and box number that the origional petition was sent to.

 

9. I can send it trackable or certified if I choose for peace of mind.

 

The nice lady said that this happens all of the time, and it is not a problem to correct. It will not slow down our application at all, as it is only a computer input to make the change.

 

I just wanted to share this information with CFL for future reference purposes.

[hunter]

Man, brother I dont mean to sound rude. You should have just done it yourself. I mean if you read the stuff on uscis web page and research some things yourself you really dont need one. I didnt use a lawyer, and my wifes interview is in June. I have a high school edjucation. Although I dont mean to judge by saying that, i'm not that particularly smart, although smart enough to know that lawyers only want your money. Like a prostitute. I can see if there is an issue that you need to use a lawyer, well use a lawyer. This stuff isnt so complicated that you need one. Did you already pay the guy? You could take him to small claims court for your money back, but then court fees and (lawyer fees) if you really want to try to prove to the court that your current attorney did you wrong, you might not get back what you paid them. Stick it out, wait for the NOA1 to come in. If there is a problem they will ask you what they need. Good luck mate, hang in there. Lawyers are evil, you know that right?

[yuehan123]

Yes, you must wait for the NOA. In fact, the original NOA will be sent to the attorney. You must have this NOA. It is critically important. Try to get the original before you speak with the attorney about terminating the contract.

 

You will receive a courtesy copy of the NOA.

 

There is very little, if anything, for the attorney to do once the NOA is received. You and your SO must gather all the information for the GUZ packets anyway.

 

You will likely lose most, if not all, of your original retainer.

[MikeandRong]

It does not come across as rude at all. I just wish I would have known about CFL before I had retained him. I am sure he has already used up as much of the fee I paid him already as possible. I will just have to chalk it up to a bad experience and learn from my mistake. I have more than enough confidence in myself and CFL to get us through the rest of the process, so I have no worries there.

 

Yes, I do have that concern that the original NOA1 will go to him and he may not want to give it to me. But I believe he has a legal obligation to do so, and I will deal with that when and if it happens. Hopefully the NSC will make the correction for me before the NOA2 is sent, because that is the really important one to have.

 

His office never did make contact with me today as a follow up, so I will remain silent for now.

[MikeandRong]

Does anyone know if the NOA1 and NOA2 come signature required, or does the mail man just leave it in the mail box for you?

Edited April 27, 2006 by MikeandRong (see edit history)

[Guest pushbrk]

Does anyone know if the NOA1 and NOA2 come signature required, or does the mail man just leave it in the mail box for you?

210582[/snapback]

They just put them in the mailbox.

[MikeandRong]

Thank you Mike.