Illegal immigrant passes the Bar exam and can practice Law- California

[illram]

I suppose that the axe hanging over his head, i.e. at any moment ICE can swoop in and deport him, could be an issue if you are his client or his partner and you are exceedingly paranoid. Most attorneys do not have adequate procedures in place for how to handle their caseload if they die or become debilitated. Unfortunately he would have to make a similar plan, but the contingency being apprehension by authorities rather than death or disability. Even though this is extremely unlikely as Forma pointed out.

I also suppose flying anywhere on a plane is also an issue. My undocumented friends cannot fly. Maybe a pro-hac vice admission in another state could be problematic. I also suppose it might be nerve-wracking to practice in Federal District Court, but it would really take an enterprising and gung-ho Joe Arpaio type Judge or Federal Marshall to do anything to him. But if you want, you can avoid federal court for your whole law career. Really the only day to day issue would be paying him and how to deal with the taxes. But these days even that can be accomplished in an above-board fashion with IRS ITIN's.

So while his life will be complicated by these things, he has probably dealt with this type of adversity his whole life and he can certainly find a niche practice where he could do very well, without his status ever being an issue.

 

[JollyRoger]

i still heavily doubt he can function as a lawyer while being an illegal immigrant.

Clients want competent and timely representation. I do not see what the hell immigration status has to do with that. Would you lose your cabability to write if you became an illegal immigrant?

 

[Kyriakos]

Clients want comepetent and timely representation. I do not see what the hell immigration status has to do with that. Would you lose your cabability to write if you became an illegal immigrant?

If i was writing for the state i was in illegally, yes

 

[JollyRoger]

If i was writing for the state i was in illegally, yes

What the hell does that mean? You would not be restricted to such a limited range within your profession, just like most lawyers do not work for the state.

 

[Kyriakos]

What the hell does that mean? You would not be restricted to such a limited range within your profession, just like most lawyers do not work for the state.

Most lawyers might not, but AFAIK no writer of fiction works for the state. Which is evident through the state officials' abysmal level of imagination (apart from anything bdsm-related, of course).

 

[JollyRoger]

So your relative level of competence as a writer does not change based on where you reside. Why would this guy not be a competent lawyer just because he was not born here?

 

[Kyriakos]

So your relative level of competence as a writer does not change based on where you reside. Why would this guy not be a competent lawyer just because he was not born here?

My claim was not that he has to lack in competence. I noted that his very status as an illegal immigrant who is a lawyer in a country he is not legally staying in, will be likely to limit his client-list to people who (by and large) are going to be viewing him either as a token (ie activist groups on the side he is deemed to be) or as a symbol (people related to his journey to get legal status, etc). In both cases, in my view, this is quite some limit.

I do wish him the best, of course, and the thread is obviously not against him cause a sole person does not matter in an issue of this kind. The thread is about the law system and whether granting the right to an illegal immigrant to practice law is ultimately a good development.

 

[IglooDame]

Most lawyers might not, but AFAIK no writer of fiction works for the state. Which is evident through the state officials' abysmal level of imagination (apart from anything bdsm-related, of course).

Are you kidding? Lots of fiction writers work for the state. Doesn't the term "speech-writer" ring a bell?

 

[Kyriakos]

Are you kidding? Lots of fiction writers work for the state. Doesn't the term "speech-writer" ring a bell?

^Wouldn't that also be some form of covert BDSM?

 

[JollyRoger]

My claim was not that he has to lack in competence. I noted that his very status as an illegal immigrant who is a lawyer in a country he is not legally staying in, will be likely to limit his client-list to people who (by and large) are going to be viewing him either as a token (ie activist groups on the side he is deemed to be) or as a symbol (people related to his journey to get legal status, etc). In both cases, in my view, this is quite some limit.

Very unlikely. At the retail level, people generally do very little reseach into the background of their attorney. If he doesn't disclose it, very few of his potential clients will likely even know.