I had a great discussion on facebook last night with
a fellow lawyer about the challenges adoptive parents face when trying to find
competent legal counsel. Here are some
things you should consider before signing a retainer agreement:
Has the lawyer processed
cases in the country you are adopting?
Every country has its own nuances. Taiwan has
the PAIR program. Pakistan has Mrs. Edhi and NADRA. Mexico has DIF. And the list goes on. If the lawyer hasn’t processed cases in your
chosen country before, they won’t know about these things, won’t be able to
advise you properly and will waste your time and money while they’re trying to
figure it out.
How many cases has
the lawyer processed before? How long has he or she been doing this? How many
of these cases does the lawyer currently have pending?
The more cases a lawyer has handled and the
longer he or she has practiced, the more likely that they will be able to
achieve a successful outcome for you. If the lawyer currently has cases pending
that are similar to yours, it’s a good sign that they handle those types of
cases routinely.
Ask the lawyer what exactly
he or she can do for you.
A good lawyer will know exactly what needs
to be done and how to do it. The lawyer should be able to provide you with
specifics at the time of the initial consultation (I will file these
applications; you will need this
evidence; I can advise you on these specific legal issues). If the lawyer tells you that he or she will “guide
you through the adoption process” find someone else. Remember also that lawyers should not be
offering to assist you with the homes study. You do not need a lawyer to assist
you with obtaining a home study. You are paying an adoption agency/ social
worker good money to assist you with this part of your case and it’s not a
lawyer’s area of expertise. Lawyers also typically cannot help you find a baby
in another country
A note about legal fees:
I have heard of desperate adoptive parents agreeing to pay
enormous sums of money, (in some cases more than $15,000), for orphan
petitions. Keep in mind that an international adoption from a well-established
adoption agency will often cost over $20,000. If a private lawyer is charging
you anywhere close to this amount to complete only the immigration portion of a
case, something is very wrong.
Lawyers can’t provide you with the names and contact
information for previous clients as this information is privileged but any
lawyer who practices regularly in this area will be able to provide you with
the names and contact information of other lawyers or people in the adoption community
who can vouch for his or her services. I
have also asked previous clients to reach out to prospective adoptive parents
to discuss the types of services I provide.
What
other work does the law firm do?
Immigration and adoption are highly specialized areas. There
are only a few attorneys in the United States who practice in this area
routinely. Try to find a firm that
dedicates its practice exclusively to immigration issues.
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