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84 N.C. L. Rev. 1449 (2005-2006)
Practicing Immigration Law in Filene's Basement

handle is hein.journals/nclr84 and id is 1463 raw text is: PRACTICING IMMIGRATION LAW IN FILENE'S BASEMENT RICHARD L. ABEL* The division of labor that produces lawyers renders others dependent on them: clients, adversaries, opposing counsel, courts, agencies, and the wider public. Lawyers may betray this trust, sometimes egregiously. In order to reduce the frequency and severity of such betrayals we need to understand the behavior. Disciplinary proceedings in the two largest American jurisdictions-New York and California-are public records if they eventuate in significant punishment. I am using those records to create case histories of a dozen lawyers, seeking to understand the environmental and characterological variables that produced their conduct. The most common client complaint is neglect. Through a case study of the representation of Chinese immigrants before the Immigration Court in New York, I seek to explain how and why the neglect occurred and what we might do to prevent it. INTROD UCTION ..................................................................................... 1449 I. A CASE STUDY OF NEGLECT ................................................... 1452 A. The Representation of Chang Kui Lin .............................. 1454 B. The Lozada H earing ........................................................... 1465 C. The D isciplinary Hearing ................................................... 1467 II. IMPLICATIONS OF THE CASE STUDY ....................................... 1477 III. WHAT TO Do ABOUT NEGLECT? ........................................... 1487 A PPEN D IX .............................................................................................. 1495 INTRODUCTION Ask people who have used lawyers what bothered them most and chances are you will hear complaints about neglect-not fees, not injustice, but impotent rage that nothing seems to be happening and even greater fury at being unable to find out. That should not surprise. Most of us have fumed in doctors' waiting rooms (note the name),1 stayed home hoping the delinquent contractor would show * Richard L. Abel is the Connell Professor of Law at UCLA. 1. To avoid this the wealthy are paying up to $20,000 a year for concierge practices with limited patient lists. Amy Zipkin, The Concierge Doctor Is Available (at a Price), N.Y. TIMEs, Jul. 31, 2005, § 3, at 6.

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