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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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