Should I get a new lawyer for appeal?

[canadianwoman]

I am visiting my husband while we wait for the appeal date. The documents for the appeal are with the lawyer, who said she could get everything ready and I would just have to come back for the appeal. Yesterday my husband phoned the lawyer and it turns out that the lawyer has a family emergency and has left the country. She is coming back one day before the documents willl have to be mailed to the Immigration Appeal Board and Border Services. (The documents you are using in your appeal must arrive 20 days before the appeal date.) She is a single-lawyer practice. So far she has done almost nothing on the file - she has not looked at the documents I gave her for the appeal yet, for example. She did interview me for one hour when I first went to her. So, this means the secretary will have to go through my documents and put them in order. I could have put them in order myself, but months ago the lawyer told me not to - she said the order she would want is not necessarily how I would do it, and she is the one presenting the case, so the documents have to be put in the order she wants. Now, though, she's not there to do that. It also means the lawyer can not look through the documents and say, for example, this one will hurt your case so don't include it, or, we need another affidavit from xxx, or whatever. Basically, whatever I sent is what she will have to use. Once she gets back, even if she thinks something is missing, there is not enough time to get it.

She is charging $5,000 (so far); we've paid $1,000 and the rest is due tomorrow. My sister (who is a legal secretary) says this is ridiculous, because it is the secretary who is preparing the documents now.
The 20 days between when the lawyer returns to Canada and the appeal date means she will have enough time to prepare her arguments based on the documents presented.

Do you think I should have my sister go to the lawyer, get the documents back, and take everything to another lawyer, hoping that the new lawyer will be ready for the appeal date that is already set?

 

[bobshynoswife]

Oh geez!

I'm sorry I have no advice for you. I would be tempted to get another Lawyer, but I don't know how possible that will be while you are overseas. After all this time waiting, I cannot believe you have to go through this now.

I hope you'll receive more experienced advice, I just wanted to send you some ((HUGS)).

Are you in Lagos now? Hope Nepa is being good to you! lol

 

[iarblue]

Oh good god it never gets easier does it.Well if you take them to a new lawyer he is going to request a retainer too.If your sister can get them back can you and her go throught he docs i know your not there but skype or something and then your sister fed ex them off.

 

[canadianwoman]

Thanks bobshynoswife and iarblue for your support. The situation is very stressful, and I have enough to worry about right now.

 

[Halifax-Maple]

canadianwoman

I feel you..I hear you. It is indeed stressful and tricky situation. You should have done sort of documentation, by sending emails or fax to the lawyer raising your concern. Just in case, God forbid, something negative comes out as a result of the lawyer' negligence then you have a piece of paper with you.
I think your lawyer and your sister are both in Canada. Can your sister call the law society or the community legal centre asking for the best option in the circumstances you explained above. Don't leave it undecided.

Good luck.....you deserve the best...you have been helpful to everyone here

 

[canadianwoman]

Thanks Halifax-Maple. I will take your suggestion and send an email to the lawyer explaining my concerns. So far we've just been talking with the secretary on the phone, so there is no documentation that there was any problem, as you say.

 

[majidt]

i did appeal for my husband and hired jewish lawyer, he charge me $6000. but he was really good.
it took one year and 120 days to get back the records.