COMMUNITY NAVIGATOR TRAINING MODULE 5: AVOIDING UPL, REPORTING VICTIMIZATION & IDENTIFYING LEGAL HELP 1

ACKNOWLEDGEMENTS This material was prepared by CIRI’s Regional Training Team, a subcommittee within CIRI’s Regional Coordination Working Group. The CIRI Regional Training Team includes staff with the AFL-CIO, National Partnership for New Americans (NPNA), New York Immigration Coalition (NYIC), People Improving Communities through Organizing (PICO), United Farmworkers Foundation (UFWF), and United We Dream (UWD). CIRI’s Regional Collaboration Working Group consists of the following organizations: AFL-CIO, CASA Maryland, CHRLA, CIRC, CLINIC, FIRM, Farmworker Justice, ICIRR, MIRA Coalition, National Domestic Workers Alliance, NPNA, NYIC, PICO, UNITE Here!, UFWF, UWD, Welcoming America and World Relief. Review and edits were conducted by CIRI’s Technical Assistance and Training (TAT) Working Group. This material builds off of the initial Community Navigator PowerPoint and detailed notes prepared by Tara Raghuveer of the National Partnership for New Americans (NPNA). Susan Schreiber and Jack Holmgren of Catholic Legal Immigration Network, Inc. (CLINIC) supplied the Immigration 101 module, based on CLINIC’s 2-day immigration law training. Mayron Payes and Larry Kleinman of FIRM/NPNA provided guidance on the Defending Administrative Relief module. Patrick Taurel of the American Immigration Council (AIC) contributed to the module on Unlawful Practice of Law. Frances Valdez (United We DREAM), Courtney Tudi (World Relief), Eddie Carmona (PICO), George Escobar (CASA de Maryland), Ruth Lopez (NPNA), Camille Mackler (NYIC), Adrienne DerVartanian (Farmworker Justice), and Kelly Rodriguez (AFL-CIO) all provided additional resources and guidance. This training is based on the NPNA-United Food and Commercial Workers naturalization partnership. 2

MODULE 5: AVOIDING UNLAWFUL PRACTICE OF LAW, REPORTING VICTIMIZATION & IDENTIFYING LEGAL HELP 4

PRACTICE OF LAW Representing others in court Holding oneself out as a “notario” or lawyer Selecting and preparing legal documents Advising others on legal rights 5

UNAUTHORIZED PRACTICE OF LAW The unauthorized practice of law is the practice of law by an individual who is not authorized to do so. 6

WHO CAN PRACTICE THE LAW? Licensed attorneys BIA accredited representatives Law students under supervision by an attorney 7

CONSEQUENCES OF UPL Punishment for the unauthorized practice of law can be civil or criminal in nature A person can be sued for injuries resulting from UPL A court can order a person to stop practicing law, impose fines, or—in the case of a criminal UPL violation—send someone to jail 8

HYPOTHETICAL: IS THIS UPL? A community navigator speaks to a group of 30 people about President Obama’s announcement. No lawyer or BIA rep is present. The presentation includes a discussion of: DAPA and DACA eligibility criteria; Evidentiary requirements; Benefits and limits of deferred action; and Other general information Is this UPL? Why or why not? 9

HYPOTHETICAL: IS THIS UPL? Someone at a workshop asks, “I have XYZ evidence. Do I qualify for DAPA and is this enough evidence?” A community navigator responds, “Yes! You qualify and this is enough to apply for DAPA.” Is this UPL? Why or why not? If so, what can be done instead? 10

ROLE PLAY: UNSATISFACTORY INTERACTION SCENARIO # 1 & # 2 11

DOS AND DONTS 12 DOsDON’Ts Remind people you are not a lawyer Refer people to workshops and screening tools Provide general information from adminrelief.org or other trusted websites Help people collect their documents Encourage applicants to seek legal help Tell someone they do or don’t qualify for DACA or DAPA Tell someone whether their application is complete Say you are a legal expert or attorney Charge fees for your services Say the words ‘enough’ or ‘should’

REVIEW: ROLE OF COMMUNITY NAVIGATOR 13

FRAUD PREVENTION AND REPORTING VICTIMIZATION 14

WHAT IS A NOTARIO? Notarios are not lawyers Notarios are not accredited representatives approved by the government Often, notarios use the term “notario publico” to advertise their services Notarios CANNOT give legal advice!!! 15

REPORTING VICTIMIZATION If you believe that either you or a member of your community has been a victim of notario fraud or any other unlawful or fraudulent practice of law, you should do the following: 1.Find representation 2.File a complaint 16

1. FIND REPRESENTATION ABA and AILA Free representation against notarios Will work to find a lawyer to fight back Call the ABA: (202) AILA: 17

2. FILE A COMPLAINT (OR SEVERAL) STATE State consumer protection agency State bar FEDERAL Federal Trade Commission (FTC) protection/submit-consumer-complaint-ftc protection/submit-consumer-complaint-ftc Executive Office of Immigration Review

ROLE PLAY: REPORTING VICTIMIZATION 19

AVOIDING LEGAL FRAUD & IDENTIFYING LEGAL HELP

TIPS AND STRATEGIES TO AVOID FRAUD 1.Get a recommendation 2.Check for credentials 3.Check for past disciplinary actions 4.Identify areas of expertise 5.Stay informed 6.Get a written contract 7.Keep copies 21

1. GET A REFERRAL Referral Reputation Trusted sources for referrals:

2. CHECK FOR CREDENTIALS Ask in which state the person is barred Look the attorney up in the state bar website Check to see if BIA rep is accredited Review who can give immigration legal advice 23

3. CHECK FOR DISCIPLINARY ACTIONS Check the Department of Justice database to see if the attorney or BIA rep has been disciplined If so, don’t make an appointment with that person 24

4. IDENTIFY EXPERTISE Ask attorneys what their area of expertise is Ask how long they have been practicing Ask about their experience working with cases like the one at hand 25

5. STAY INFORMED Ask LOTS of questions Stay involved and informed Make sure the attorney or BIA rep looks at the documents Keep the full name and contact information of everyone involved 26

6. GET A WRITTEN CONTRACT Get EVERYTHING in writing Ask for a retainer agreement Read it over carefully, make sure to understand or ask questions Get written agreements for every promise made orally Send a letter outlining promises made if someone is refusing services previously promised 27

6. KEEP COPIES Get a copy of everything the attorney/rep files Keep these copies safe!! 28

LOCAL RESOURCES TO IDENTIFY LEGAL HELP 29