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Chapter 10 - Discipline of Practitioners

10.4 - Conduct

(a) Practitioners — Conduct by practitioners that may result in discipline includes the following:

  • grossly excessive fees;
  • bribery or coercion;
  • offering false evidence, or making a false statement of material fact or law;
  • improperly soliciting clients;
  • disbarment or suspension, or resignation while a disciplinary investigation or proceeding is pending;
  • misrepresenting qualifications or services offered;
  • action that would constitute contempt of court in a judicial proceeding;
  • conviction for a serious crime;
  • falsely certifying a copy of a document;
  • frivolous behavior, as defined in 8 C.F.R. § 1003.102(j);
  • ineffective assistance of counsel;
  • repeated failure to appear;
  • assisting in the unauthorized practice of law;
  • engaging in conduct that is prejudicial to the administration of justice or undermines the integrity of the adjudicative process;
  • failing to provide competent representation to a client;
  • failing to abide by a client’s decisions;
  • failing to act with reasonable diligence and promptness;
  • failing to control and manage the workload so that each matter can be handled competently;
  • failing to comply with all time and filing limitations;
  • failing to carry through to conclusion all matters undertaken for a client, consistent with the scope of representation;
  • failing to maintain communication with the client;
  • failing to disclose adverse legal authority;
  • repeatedly failing to submit a signed and completed appearance form in compliance with the applicable rules and regulations; or
  • repeatedly drafting boilerplate submissions that are filed with EOIR; or
  • repeatedly failing to sign any pleading, application, motion, petition, brief, or other document that the practitioner prepared or drafted and was filed with EOIR.

          For a full explanation of each ground for discipline, consult the regulations at 8 C.F.R. § 1003.102.

          (b) Recognized Organizations — Conduct by recognized organizations which may result in discipline includes the following:

  • knowingly or with reckless disregard providing a false statement or misleading information in applying for recognition or accreditation of its representative;
  • knowingly or with reckless disregard providing false statements or misleading information to clients or prospective clients regarding the scope of its authority or services;
  • failing to provide adequate supervision of accredited representatives;
  • employing, or receiving services from, or affiliating with, an individual who performs an activity that constitutes the unauthorized practice of law or immigration fraud; or
  • engaging in the practice of law through staff when the organization does not have an attorney or accredited representative.

          For a full explanation of each ground for discipline, consult the regulations at 8 C.F.R. § 1003.110(b).