The Current State of Ineffective Assistance of Counsel Claims

  • 2:00 PM - 3:30 PM
  • Eastern Time (US & Canada)
  • By: AILA
  • This event takes place online.
  • Source: Immigration Advocates Network > IAN Nonprofit Resource Center
  • Immigration

A potential client comes to you and says his old attorney screwed up and he wants you to fix his case. How do you assess the validity of his claims? What mistakes constitute ineffective assistance of counsel (IAC)? If IAC is established, how do you fix it? This seminar discusses the current state of IAC claims.

  • No Sixth Amendment Right to Counsel in Immigration Proceedings
  • IAC Claims in light of Lozada & Compean
    -What Is Expected of the Accused Lawyer?
    -What Is Expected of the New Lawyer?
    -Effects of IAC Claims on Liability Insurance
  • What Conduct Constitutes IAC?
  • Applicable Model Rules of Professional Conduct (MRPC)


  • Alan B. Goldfarb (dl), Minneapolis, MN
    Alan B. Goldfarb is a partner with the Minneapolis immigration law firm Davis & Goldfarb, PLLC. He is a member of AILA's Ethics Committee and Chair of its Ethics Compendium Project Subcommittee. Alan is past chair of the AILA Minnesota/Dakotas chapter and the Immigration Law Section of the Minnesota State Bar Association. He earned his J.D. from the University of Minnesota and his B.A. from Columbia University.
  • Sherry K. Cohen, New York, NY
    Sherry K. Cohen is Counsel to the New York law firm of Richard M. Maltz, PLLC in the area of Professional Responsibility Law and the Reporter for the AILA Ethics Compendium. She served as First Deputy Chief Counsel to New York's Departmental Disciplinary Committee (DDC), First Department, Appellate Division (2003 to 2010) and as staff attorney (1993 to 2003). Prior to joining the DDC, she was a litigation associate at Schulte Roth & Zabel. She graduated from Hofstra University School of Law with honors, including membership in the Hofstra Law Review. In her tenure at the DDC, Ms. Cohen concentrated on matters involving substandard representation and unauthorized practice in the immigration area.
  • Beth Werlin, Deputy Director, AIC Legal Action Center, Washington, DC
    Beth Werlin is the Deputy Director of the American Immigration Council's Legal Action Center. Much of her work focuses on protecting the due process rights of noncitizens facing removal. She has represented plaintiffs and amicus curiae in immigration litigation in the federal courts and before the Board of Immigration Appeals and is the author of numerous practice advisories.

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