The process of immigrating to the Canada, Australia or United States is one of the most important life experiences many people will go through in their lives. Moving countries is usually complex and stressful and the consequences of failing to plan properly can lead to nightmare scenarios. Many people turn to immigration lawyers to assist with immigrating file but how do you decide if you need an immigration lawyer? How do you select the right immigration lawyer?  There is no exact recipe for addressing these questions. But, hopefully, this article will help.

Do you need a lawyer?

Immigration law is one of the most politically divisive areas of the legal system and it is therefore not surprising that it has grown incredibly dense and is constantly changing. No fewer than three major agencies administer the US immigration system and dozens of other agencies play a role.

While web sites and concerted efforts by these agencies to provide better information to the public are starting to bear fruit, it could be a grave mistake to rely on company, representatives or even what they call themselves consultants for legal advice relating to immigrating. Why? Consider the following:

1. They have no responsibility or liability for information they provide.
2. Fees: How does the attorney set his fees? Most immigration lawyers work on a flat fee basis, though in many matters, hourly billing or contingency billing may be done. If an attorney prices way outside of the market,  either on the high of the low side. This should be a source of concern. The lawyer may not have any idea how much work is really involved in the case. Or the lawyer may simply be attempting to gouge. A lawyer who quotes a price too low may also be able to price that way because the work is being pushed down to the level of a legal assistant or very junior associate. There are great lawyers who charge more and lawyers who operate extremely efficiently who can charge less. But comparison shopping will serve you well.
3. Disciplinary actions: Has the attorney ever been disciplined by the Board of Professional Responsibility of the state bar? This is an obvious sign of problems. There are also people who falsely claim to be licensed attorneys. The local bar is also the place to check that the attorney is licensed and in good standing.
4. Community reputation: Has the lawyer established a good name for himself or herself in the community? If your attorney has a sterling community reputation, chances are it was earned through hard work.
5. Client references: A strong reference from a friend or colleague is often the best indicator of whether a lawyer is up to snuff.
6.  Focus of practice:  Within immigration lawyer, there are a variety of subspecialties: employment, family, asylum, deportation, etc. Consider going with a lawyer with a strong background in your particular type of case.
7. Immigration exclusive practice: Many lawyers list immigration law as one of a variety of types of matters they handle. It is tough enough for a full-time immigration lawyer to keep abreast of all of the developments in the practice area. It is nearly impossible to be a top notch immigration lawyer while trying to balance being an expert in many other practice areas as well. While someone can be a good immigration lawyer and also be very competent in another practice area, watch out for lawyers where immigration is one practice area on a laundry list of claimed specialties.
8. Years in practice: Much of immigration law is unwritten and the longer one is in practice, but the opposite can be true as well. Lawyers who have been practicing for years may become lazy about staying up to date on the latest changes. Some of the worst lawyers practicing immigration law in this country are the ones who have been around the longest. So try and strike a balance.
9. Lawyer-Paralegal ratio: One of the ways immigration practices are attempting to keep costs down is to hire paralegals and legal assistants to do much of the work that immigration lawyers used to do on their own. In some markets, this may be the only way to keep costs low enough for people to afford to hire a lawyer. But you should know what you are paying for. Some of the most expensive immigration firms still staff with extremely high ratios of paralegals and sometimes as high as ten paralegals per attorney. A more modest ratio of one to two paralegals per attorney may mean that the firm is not too overloaded with work and it may mean that the attorney you thought you were hiring actually knows what is happening on your case and has the time to speak with you about your case.
10. Caseload:  Is your lawyer taking on so much work that there is no way cases can properly be handled? Too many lawyers do not know when to draw the line and either say no to taking on additional work or to make the decision to take on more attorneys and staff.  
11. Use of technology: Technology has revolutionized the practice of immigration law probably as much as any other area in the legal profession.  Does your attorney use email? Does the attorney have the latest research and case management software? Does the attorney provide electronic newsletters and email alerts to inform clients of breaking news. Does the firm have an extranet that allows you to log in to a private and secure web site to see what is happening on your case? Does the firm file applications electronically? Lawyers who master technology deliver legal services with better quality and can often leverage technology to deliver legal services less expensively.
12.  Communication: The number one complaint against lawyers in this country is not poor work quality. It is failing to communicate with their clients. You are paying a lot of money to hire a lawyer and it is your right to expect to be kept informed of developments and have your calls and emails returned in a timely manner. On the other hand, there is still such a thing as excess and calling your lawyer everyday to find out what is happening on your case is not necessarily fair either.
13. Board certified: A few states certify lawyers in the practice of immigration law. If your lawyer practices in a state that does, make sure he or she has this credential. It is no guarantee of quality, but it can certainly be an indicator.
14. Educational background: While many fine lawyers have come out of mediocre law schools and lousy lawyers come out of the Ivy Leagues, where a lawyer went to school can still be an indicator of a person  ability to achieve.
15.   Publications: Lawyers who write frequently about their practice area tend to keep themselves better informed about their area of law. The ability to get published also may indicate that the lawyer expertise is respected.
16. Conflicts of interest: Immigration lawyers often have an inherent conflict of interest, particularly in business immigration matters where they are assisting an employer and employee at the same time. Most of the time this is not a problem. But be careful to pay attention to this fact if the interests should diverge such as when an employer and employee start to have problems getting along.
17. Personality compatibility: Your experience with your immigration lawyer is more than just the result of the lawyer experience and competency. A lawyer bedside manner can mean a lot at the end of the day to how the overall experience goes. Find a lawyer who really seems to care about your case.
18. Promising too much: There are actually immigration lawyers out there who swear they have never lost a case even after a lengthy career. Be nervous about lawyers who promise success. A lawyer who honestly presents the risks is worth a lot more. Likewise, be very weary of attorneys who claim to have special influence with the government. Also beware of lawyers who speak too negatively of the competition. If the lawyer is worthy, they can stand on their own record rather than tearing down the record of competitors.
19. Engagement letters: Read the fine print in your engagement letters. Some lawyers load agreements down with so much  legalese and one-sided provisions that it should give you pause. Consider using a lawyer who provides an agreement that is written in plain English that appears to be even-hande.