Earlier this week, worldjournal.com published a news story about how a Chinese female attempted to get a green card by marriage sham but failed. According to the article, the lady agreed to pay her lawyer $30,000 for getting a green card through marriage sham. Later on the lawyer had sex with her. Then the "husband" demanded to have sex with her but she denied. To take revenge, the "husband" did not cooperate with the lady during the USCIS interview and her application was subsequently denied.
A few principles can be learned from this story, regardless of its truthfulness. First, an alien should never attempt to get a green card through any kind of fraud. Commiting immigration fraud is a criminal offense and can be penalized heavily if USCIS discovers that.
Second, a client should not feel threatened or pressured to have sex with a lawyer. Rule 1.8(j) of the American Bar Association's (ABA) Model Rules of Professional Conduct (2009 Edition) states that "[a] lawyer shall not have sexual relations with a client unless a consensual sexual relationship existed between them when the attorney-client relationship commenced." Therefore, a lawyer is likely violating an ethical rule when he/she demands or uses any threat to have sex with a client. If you ever encounter such situaton, you have the right to file a complaint and report that to the bar association in which the lawyer belongs to.
Third, your attorney's fee should be reasonable. Rule 1.5(a) of the ABA's Model Rules of Professional Conduct (2009 Edition) states that "[a] lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses." Therefore, it is your right to compare the rates of different attorneys before deciding which one you would like to hire. Even after you hire an attorney, your attorney should not charge you for a fee that is unreasonably high.
Disclaimer: Information included in this post does not constitute as legal advice and receipt of this page does not establish an attorney-client relationship. For specific inquries, please call my office for an appointment.
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