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Poor Representation
Just "finished" memo number two. The question presented was:
Will an immigration judge or the BIA grant asylum to our client on the basis of his political opinion, given that, a) he and his family were attacked numerous times after he wrote an article critical of a local political leader, and b) that political leader’s influence may extend beyond our client’s home region?
Fifteen pages, way too many of which are facts. What I really wonder is: How many people get poor legal advice because bumbling associates and junior lawyers procrastinate memos and end up submitting half-baked approximations of legal arguments rather than well-researched and well-written legal advice? Too many, I fear.
Posted November 3, 2003 06:12 AM | law school
I have the exact opposite problem with my memos. I never have enough facts.
Posted by: DG at November 3, 2003 06:45 AM
Actually, one of my profs made a great, if flippant, remark in class about two weeks ago. He was talking about a civil case and started wondering if it should even have gone to trial. He then said, "Well, as an assocaite, you'll get a lot of pressure to show that you can take a client no matter what, so I guess it's kind of moot." He brought up one or two experiences where the partner giving him the memo assignment said, "I know it's a flimsy case, but try to find some support, ok?"
Possibly stretches the ehitcal boundaries, but I think it's pretty common.
Posted by: Adam at November 3, 2003 08:42 AM
ack! And I thought I had it hard with 5 pages!
Posted by: Katherine at November 3, 2003 03:43 PM
My impression from clerking was that sometimes it was the partners who would take briefs written by associates and make them "punchier," in the process distorting the holdings of cases beyond recognition. While that didn't exactly happen to me as an associate, I still wouldn't be surprised if it happened at some other places.
Posted by: Tung Yin at November 3, 2003 04:49 PM
How often does one run across an immigration matter that turns upon the law rather than the facts? My experience was that usually the facts were the whole ballgame. I suspect that your brief was much better than you believe. Keep in mind, too, that the lawyers for the (successor agency to the) INS are ridiculously overloaded, so its brief will likely be a hasty cut-and-paste job.
Posted by: Tom T. at November 3, 2003 10:07 PM
