I got a call from my lawyer that AUSA asked to withdraw/dismiss the 1447 and they promised to give a decision in 30 days? I requested if we could continue till we get the decision but the lawyer said he already gave his consent and it should be fine. Is this normal or there is a cause for concern? They updated it on the PACER database also that the case is closed.
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AUSA asked to withdraw/dismiss the 1447 (lawsuit) and they promised to give a decision in 30 days?
- Thread starter gcdetails
- Start date
Al Southner
Registered Users (C)
Your lawyer agree before consulting with you? Wow...such a confident lawyer, knowing your interest. Yes, AUSA can do this because it cost them money to respond to the lawsuit and appear in court. If no decision is rendered, you can refile the lawsuit. Why did you hire a lawyer? You could have file the paperwork yourself without any complication, but it is done. No need to be concerned, your stupid lawyer will refile if USCIS screw you, which is unlikely because AUSA doesn't want to look like an azz before the district court.
I got a call from my lawyer that AUSA asked to withdraw/dismiss the 1447 and they promised to give a decision in 30 days? I requested if we could continue till we get the decision but the lawyer said he already gave his consent and it should be fine. Is this normal or there is a cause for concern? They updated it on the PACER database also that the case is closed.
It's common for the AUSA to request you drop the lawsuit with the promise that they will render a decision within 30 days. Be patient and wait another 30-45 days to get your decision.
Thanks for your prompt response. Yes, I know I could have filed it but didn't want to take a chance and the lawyer told me that they have filed 18 such cases. Right now, they said its code of conduct and they had to agree to it. Yes, they just informed me, they never asked me if they should agree to it.
I hope they come up with a positive response as its been 4 months since the lawsuit 1447 is filed.
I hope they come up with a positive response as its been 4 months since the lawsuit 1447 is filed.
Jackolantern
Registered Users (C)
Is this normal or there is a cause for concern?
Is this a lawyer that you paid to file the 1447(b)? If yes, the cause for concern is that they withdrew it without asking you first. You should tell them that since they withdrew it without your consent, they should refile the 1447(b) for free if you don't get a decision within the promised 30 days.
Al Southner
Registered Users (C)
Is this a lawyer that you paid to file the 1447(b)? If yes, the cause for concern is that they withdrew it without asking you first. You should tell them that since they withdrew it without your consent, they should refile the 1447(b) for free if you don't get a decision within the promised 30 days.
Exactly!!! I know the lawyer acted in your best interest, but he still should gotten your okay. Can you imagine if this was a personal injury lawsuit, he was offered $200K to settle out of court instead of going to a costly trial, he accept and call you, hey you are rich, $110K coming your way...?
Al Southner
Registered Users (C)
I totally understand and am very upset but there is nothing I can do other than wait for another 30 days for their decision.
What nationality are from, if you don't mind me asking? Baltimore is usually very fast and maybe your country of origin is the issue here. Who knows? My experience with lawyers is this, most reputable lawyers weigh the interest of their clients in mind, because they don't want to look like a horse rear when it is all said and done, especially if USCIS doesn't render the decision in 30 days, which I am certain they will.
Al Southner
Registered Users (C)
I totally understand and am very upset but there is nothing I can do other than wait for another 30 days for their decision.
What nationality are from, if you don't mind me asking? Baltimore is usually very fast and maybe your country of origin is the issue here. Who knows? My experience with lawyers is this, most reputable lawyers weigh the interest of their clients in mind, because they don't want to look like a horse rear when it is all said and done, especially if USCIS doesn't render the decision in 30 days, which I am certain they will.
Al Southner
Registered Users (C)
No worries there.
I You should tell them that since they withdrew it without your consent...
Lawyer representation likely involves some sort of agreement that automatically gives the lawyer consenting power without first seeking approval from the client. In this case the AUSA contacted the lawyer who is representing the client, so what the lawyer tells the AUSA is valid in court proceedings.
Lawyer representation likely involves some sort of agreement that automatically gives the lawyer consenting power without first seeking approval from the client. In this case the AUSA contacted the lawyer who is representing the client, so what the lawyer tells the AUSA is valid in court proceedings.
Please check the case withdrawal application filed by your lawyer. I am definite he would have mentioned about assurance from AUSA and leave to reinstate the case in the event of failure by USCIS.
Al Southner
Registered Users (C)
Please check the case withdrawal application filed by your lawyer. I am definite he would have mentioned about assurance from AUSA and leave to reinstate the case in the event of failure by USCIS.
Mad,
The OP doesn't have to check, each case can be refiled with the court if it has NOT been seen by the Judge and dismissed with prejudice. The OP's attorney can refile the case with the same court if the AUSA doesn't keep his or her end of the bargain, which is to force USCIS to adjudicate and render a decision on the case in question. It will be awful for the AUSA to fail to get USCIS to render a decision, because once it is refiled and scheduled before a Judge, AUSA can't ask the court to dismiss the case due to lack of standing, because the record will show "AUSA thought the case had standing hence he requested the OP's attorney to withdraw." In addition, the AUSA will look like a total jerk because the judge can find that he acted in bad faith (USCIS failure to render a decision as per his promise) and will likely adjudicate the case because USCIS will lose jurisdiction on the matter.
Jackolantern
Registered Users (C)
Maybe, maybe not in this case. We don't know the agreement between the OP and the lawyer, and there are also professional ethics governing what an attorney should or shouldn't do without the client's consent, even if they have the authority to act without consent.Lawyer representation likely involves some sort of agreement that automatically gives the lawyer consenting power without first seeking approval from the client.
In this case the AUSA contacted the lawyer who is representing the client, so what the lawyer tells the AUSA is valid in court proceedings.
Being valid in court proceedings is a separate issue. From the court's perspective the withdrawal is valid because the attorney was authorized to be on the case, but that doesn't mean the client has no recourse against the attorney such as getting refunded the legal fees or having the attorney refile it for free or be sanctioned by the bar association.
Al Southner
Registered Users (C)
Maybe, maybe not in this case. We don't know the agreement between the OP and the lawyer, and there are also professional ethics governing what an attorney should or shouldn't do without the client's consent, even if they have the authority to act without consent.
Being valid in court proceedings is a separate issue. From the court's perspective the withdrawal is valid because the attorney was authorized to be on the case, but that doesn't mean the client has no recourse against the attorney such as getting refunded the legal fees or having the attorney refile it for free or be sanctioned by the bar association.
Jack,
The first point is a valid point. My hunch on the second point is that it won't reach that level. The AUSA will really look like a douche bag, his staff are going to be on USCIS butt to make sure a decision is rendered.
Years ago, I had a lawsuit against an insurance company, solid case and my lawyer got a settlement offer and he called me to his office, explain what was being offered and his legal guidance on how he would proceed, but the ultimate decision was on me. I agree to settle because it was a large amount, but he had no written or verbal authority to accept the settlement and withdraw the case without first consulting with me.
Again, it depends on the agreement between the lawyer and client. I can't see a lawyer going against the will of a client if it means that the client can easily challenge what the lawyer negotiated with the AUSA. Of course there are unethical lawyer, but they are the exception rather than the norm... but that doesn't mean the client has no recourse against the attorney such as getting refunded the legal fees or having the attorney refile it for free or be sanctioned by the bar association.
Jackolantern
Registered Users (C)
Again, it depends on the agreement between the lawyer and client. I can't see a lawyer going against the will of a client if it means that the client can easily challenge what the lawyer negotiated with the AUSA.
What's been negotiated can't be challenged now. My point wasn't about undoing the attorney's action, it was that the attorney should compensate the client for taking such action without consent. A method of compensation would be to file a new 1447(b) for free, or to refund the legal fees that the attorney was paid to file the case. Unless it becomes moot as a result of USCIS rendering a decision in the stated 30 days.
Of course there are unethical lawyer, but they are the exception rather than the norm.
On this forum we've seen many examples of people's experience with unethical or incompetent lawyers.
It's human nature to complain about bad service rather than praise good service. For every bad lawyer experience someone reports on this board, it wouldn't surprise me if 8 good experiences go unreported.On this forum we've seen many examples of people's experience with unethical or incompetent lawyers.
My lawyer told me few weeks ago itself its a standard protocol that they ask to dismiss but if they don't make a decision, he should be able to reinstate the case.
On the PACER database, the due date show "10/7/2010" but the lawyer said they asked for 30 days. i have waited for 1 year so far, 30 days more shouldn't be that bad.
I want to maintain a good relationship with him as I can't do follow up with anyone else now. USCIS is upset because of the lawsuit for sure.
Thanks again for all your response.
On the PACER database, the due date show "10/7/2010" but the lawyer said they asked for 30 days. i have waited for 1 year so far, 30 days more shouldn't be that bad.
I want to maintain a good relationship with him as I can't do follow up with anyone else now. USCIS is upset because of the lawsuit for sure.
Thanks again for all your response.