1. Ethics Issues in Humanitarian Cases: Client Conflicts, Confidentiality, Competency Issues, Best Interests of the Client
Moderator: Mona Patel-Sikora, Directing Attorney, ICWC
Esther Limb, Senior Staff Attorney, Her Justice
Claire Fawcett, Staff Attorney, ICWC
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2. Training Objectives
How to identify and deal with common ethical issues
Discussion on the ethical and effective representation of minors
How to zealously yet ethically represent clients
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3. Training Format Interactive Hypos Collaboration and Conversation
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4. Obligations of an attorney
How to identify there is an ethical issue?
Dealing with an ethical issue
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5. Hypo: Adult in a DV situation - VAWA
Wendy and Harry are both from Guyana. They met in New York City while working at a restaurant. Harry is a naturalized US citizen and they come to you for representation for filing Wendy’s immigration petition. During your representation, before any petitions are filed, Wendy comes to you privately and tells you that Harry has been beating her and she recently had to call the police and Harry was arrested and is now facing criminal charges for assaulting her.
Who is your client? Wendy? Harry?
What if anything is your obligation to Wendy?
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6. Hypo: Adult in a DV situation - VAWA
Harry informs you that he is willing to continue his petition for Wendy but only if she drops the criminal charges.
How do you counsel Wendy?
Do you inform her regarding VAWA self-petition process?
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7. Hypo: Adult in a DV situation - VAWA
Wendy decides she is not going to drop the charges and Harry refuses to continue the process. Wendy asks you to help her in filing her self-petition.
What if any issues do you see in representing Wendy?
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8. Hypo: Adult in a DV situation – U Visa
Wendy and Harry are both from Germany. They met and married in the US after overstaying their tourist visas. Neither of them are currently documented. Wendy is assaulted by a stranger and qualifies for a U non-immigrant status. Harry was at the scene and watched as Wendy was assaulted. He has had recurring nightmares and depression because of this attack on his wife. They come to you for representation.
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9. Hypo: Adult in a DV situation – U Visa
You decide to represent both of them as the principal victim, Wendy as the direct victim and Harry as a bystander. During the representation Harry informs you that since the attack, Wendy has changed and has been terribly abusive towards him; verbally and physically attacking him with no provocation. He shows you pictures to prove the injuries.
What is your obligation to either/both parties?
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10. Hypo: Adult in a DV situation – U Visa
You decide to represent Wendy as the principal and Harry as the derivative.
After the petition is filed, Harry informs you that Wendy has been abusive towards him and that he would like a divorce and to report Wendy to the police because of the abuse.
What are your options?
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11. Ethical Issues in Representing Minors
Any special rules?
Don’t assume they lack capacity
Conflicts of interests – kids and parent
Confidentiality issues
Who is your client?
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12. Hypo: SIJS Minor
Jose, a 15 year-old minor from El Salvador, is being cared for by his aunt Esther who is his father’s sister. Jose tells you that he left El Salvador because he was threatened at gunpoint by gangs who wanted him to join them. Before he left, he was going to school and living with an uncle. His parents occasionally sent money but it was not enough to pay for food and he occasionally spent weekends in their home. Jose says his parents treated him well. Jose came to the U.S. by himself and was arrested at the border. You agree to represent Esther and Jose in the guardianship/SIJS case and in his removal case. Jose signs an honesty pact and both sign a Mutual Consent to Joint Representation agreement.
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13. Hypo: SIJS Minor
Midway through preparing his case Jose tells you that he wants to stop his case and wants to return to El Salvador. His younger sister in El Salvador is being threatened by gangs. He is worried for her safety and feels guilty that he is not there to protect her.
What do you tell Jose about returning?
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14. Hypo: SIJS Minor
Jose decides to stay and you resume working on his case. You then get a call from his school therapist saying that Jose wants you to know that he was beaten by his father and was forced to kneel for hours in corn as a punishment. He also wants you to know that he is afraid to go back because he is bisexual. However, he asks that you not share this information with his guardian Esther, because she is close to his father. She is also religious and he’s afraid she will kick him out of the house.
What do you tell Jose regarding the lie he told you previously?
What can you do regarding Jose’s request?
What if this new information makes it more likely the case will be approved?
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15. Hypo: SIJS Minor
Right before the probate court date, Esther calls you. She does not want to be legally responsible for him anymore. Jose is not listening to her, disappears for days at a time and is confrontational and disrespectful to her. Esther wants to know if she can withdraw as Jose’s guardian.
What do you do regarding Esther’s request?
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16. Other Ethical Issues Safety Planning Informed consent
Staying within the scope of representation
Best Interests of the client
How to be ethical and yet zealously represent clients?
How to stay ethical in this political environment?
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17. THANK YOU
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