Can I sign this agreement or ask for more information?CONFLICT LETTER OF DISCLOSURE AND MUTUAL CONSENT
The California Rules of Professional Conduct require that where the same attorney represents two parties, involving the same matter, the attorney must provide both parties with sufficient information to give them an understanding of the advantages and disadvantages of dual representation. Global Immigration Partners (“the ATTORNEYS”) provides this letter in compliance with that ethics requirement, and for the purpose of giving ABCDEFGH. ("EMPLOYER") and EMPXYZ ("EMPLOYEE") an understanding of the issues involved.
At issue in any dual representation setting is the Attorney's ability to represent both parties with equal zeal and loyalty, should a conflict arise. There always exist potential areas of conflict in any dual representation situation. While the ATTORNEYS have no reason to believe that the following will occur, we have listed some potential areas of conflict in the permanent residence process, and have outlined the ATTORNEYS’ duties with respect to each scenario:1. EMPLOYEE expresses an intention to quit: Should the EMPLOYEE approach our firm with such intention, we are obligated to inform the EMPLOYEE of his or her legal rights and obligations with regard to leaving the EMPLOYER's employment.2. EMPLOYER wants to terminate EMPLOYEE: We are obligated to inform the EMPLOYER of its legal rights and obligations of releasing the EMPLOYEE.
3. Confidential Information: Confidentiality of information may be compromised in a dual representation setting. Should either party inform the ATTORNEYS of facts or circumstances that we find tend to affect the other party adversely unless we inform them, we are obligated to share that information with the other party. Obviously this cuts both ways. Additionally, should the EMPLOYER or the EMPLOYEE institute civil legal proceedings against each other, either party has a right to relevant information concerning this representation and conveyed to the ATTORNEYS while representing both parties.4. Undocumented worker: Should it come to our attention that the EMPLOYEE is no longer authorized to work, we will be required to inform both parties of the legal consequences of continued employment.5. Immigration Benefit Denied: Should an immigration benefit be denied to the EMPLOYEE, such as labor
certification or permanent resident status, and an appeal be necessary, the ATTORNEYS are obligated to advise both parties of the benefits and disadvantages of filing such an appeal. What may be in the interest of the EMPLOYEE may not be in the interest of the EMPLOYER. It is our duty to inform both parties of what is in their best interests.6. Actual Conflict: In our many years of experience, we have found that the most likely result of a dispute
or conflict between the two parties arises when the EMPLOYEE finds a new employer/sponsor.
The actual occurrence of any of the above listed conflicts is, as already mentioned, rare; however, should an actual conflict between the EMPLOYER and the EMPLOYEE arise, we will inform both parties of the conflict and the feasibility of our continued representation. Should we find our continued concurrent representation of the EMPLOYER and the EMPLOYEE is in both parties interest, we will, after full disclosure, continue your representation with your consent. Our main consideration will be whether we can, in fact, zealously represent both parties without compromising our loyalties to either.
Yet, should a dispute be such that the parties decide to litigate, by signing this letter, you allow us to choose to continue representation of either party without the prior consent of the other, or neither party should we so choose. Any information we have obtained during dual representation, whether confidential or not, can be disclosed by the ATTORNEYS.
Now that we have informed you in detail of potential hazards
involved, we can explain in just a sentence or two why dual representation is still the norm, particularly in instances involving employment based petitions. Dual representation is simply the most feasible approach, because the process inherently requires close cooperation and sharing of information between the employer and employee. It facilitates the process and saves time and resources. We are not familiar with any immigration attorneys who do not provide dual representation services in these matters.
By responding to this email with the words "I agree" in the message, each party acknowledges that they understand the potential advantages and disadvantages of dual representation, and that they have voluntarily agreed to proceed with dual representation. Both parties hereby waive their right to disqualify our firm from representing either party in other immigration matters.