By Treyvon Jordan, J.D. Class of 2024
Rule 1.1 of the Model Rules of Professional Conduct describes competent representation as requiring “the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.”1 Competence does not necessarily require special training in unfamiliar problems; instead, lawyers need to make themselves competent. As a soon-to-be attorney, it is hard to decipher where the line is.
As a law student, it’s natural to feel uncertain about your readiness to represent clients in real cases. Theoretical knowledge, while essential, can sometimes feel disconnected from the real-world complexities of a client’s issues. However, by actively seeking out experiential learning opportunities like clinics, you can bridge this gap and gain the practical skills needed to make a real difference. In these settings, you’ll work directly with clients under the guidance of a licensed attorney, and in externships, you’ll even handle cases that would otherwise go to a licensed attorney. This hands-on experience is invaluable, but it’s hard to quantify exactly how much is enough. Lawyers referring to themselves as “x-type” lawyers make me feel like specializing is the only answer.
After graduation, I am interested in practicing community law.2 Unlike traditional lawyering, which often focuses on individual cases and transactions, community law is about forging proactive partnerships with a diverse range of organizations. From non-profits and small businesses to community groups, tenant unions, worker coops, and immigrant coalitions, community law offers a dynamic and impactful way to serve and empower communities. Community lawyering is not about litigation, but it can sometimes involve it. Community lawyers need to be equipped to represent community members as needs arise. Community lawyers are described as Swiss army knives; they need a broad spectrum of skills and competencies that are not solely legal.
Consider this example: A community lawyer walks into an organizational meeting to discuss the next steps the community organization should take to meet its goals. An individual walks up to the lawyer and states that they have an immigration issue that they would really like the lawyer to handle. The lawyer completed one semester in school at the immigration clinic, took the base immigration course, and is familiar with the client’s issue. The lawyer has been out of school for a year but mostly deals with research and small housing matters. The lawyer is looking forward to taking cases for learning and growth. Should the lawyer take the case if they are enthusiastic about helping a fellow community member? I would like to say yes and enthusiastically represent the client confidently. But is that in the best interest of the client?
Representation matters a great deal in immigration cases. For example, hiring attorneys in non-detained deportation proceedings makes clients five times more likely to win their cases than immigrants without attorneys. Non-detained asylum seekers without a lawyer prevailed in 13% of their cases, while those with legal representation prevailed in 74% of their cases.3 Like in other places in the justice system, having a lawyer determines if you will succeed or fail, not necessarily the strength of your claim. Unlike criminal matters, immigration courts do not provide representation for indigent parties.4 A Transactional Records Access Clearinghouse study has noted a lack of immigration attorneys available to address the enormous backlog.5 This underscores the critical role of availability and competence of representation.
Representing clients in immigration matters carries serious consequences similar to criminal matters. The decision to represent them should not be taken lightly. However, lawyers not only possess the skills to tackle specific matters but also know where to find the necessary information to make themselves competent. In immigration, knowing where to find constantly changing information is vital. Some cases are more difficult than others and may require more study. Without a doubt, the need for competent representation in immigration cases cannot be overstated.
Back to the prior example, the need for more representation and the ability to become competent are good reasons for the new attorney to take the case. It’s also important to tell the client about your experience with immigration matters thus far. If the lawyer is uncomfortable working on a difficult case, the lawyer could refer the client to a lawyer more experienced. My time in the Immigration Clinic has made me confident in my ability to address clients’ needs even without specializing. In conclusion, while deciding to represent clients in immigration matters is not simple, new lawyers should strive for growth, competence, and ethical practice.
[1] Model Rules of Prof’l Conduct R. 1.1.
[2] Michael R. Diamond, Community Lawyering: Introductory Thoughts on Theory and Practice, 22 Georgetown Journal on Poverty Law & Policy 395 (2015).
[3] Robert A. Katzmann, Study Group on Immigrant Representation: The First Decade, 87 Fordham L. Rev.
485 (2018).
[4] Id.
[5] Too Few Immigration Attorneys: Average Representation Rates Fall From 65% to 30%, Transactional Records Access Clearinghouse, https://trac.syr.edu/reports/736/, (2024).
William & Mary Law School Immigration Clinic Blog 