Why should attorneys and other professionals have a succession plan?
Photo Courtesy: Andrea Piacquadio
As a U.S. immigration attorney, some types of cases are resolved relatively quickly while others can take years if not decades to complete. How do you account for a client whose matter might not be fully finished until 20 years from now? How do you keep accurate records, case management, communication? What do you do if you eventually retire, have health issues, or even ultimately change your practice area? Your clients relied on you to complete their cases, but the longer the case drags out, the more risk the case has for unintentional oversight.
On the employment side, EB-2 green card petitions from India only have current visa bulletins if they were filed on or before October of 2012. This means that EB-2 NIW and EB-2 PERM cases are expected to take about 12 years to be current from when the approved I-140 is first filed (priority date). Will the visa backlog get better or worse? If it gets worse, the wait could possibly lengthen (retrogress) to 15 years? Even if it gets better, a 10-year wait is still a long time to stay organized as an attorney or an individual.
Let’s discuss family-based immigration for a while. Siblings (brothers and sisters) of U.S. Citizens take the longest to get approved. If you are from India and you file an I-130 to sponsor your sibling, the current wait time is about 18 years. It is 20 years for the Philippines and over 23 years for Mexico. What happens when you hire an immigration attorney in 2024 to help sponsor your sister? The visa bulletin at current rates would not be current until 2042. How many firms of any type have plans to handle cases that can last 20 years?
If you are an attorney over the age of 45 or 50 do you simply not take an Indian immigration sibling petition? If you are a client, do you only hire a younger attorney or one who is more likely to still be practicing in 20 years? This doesn’t make sense, does it? Even if your attorney is 35 and in perfect health and happiness in their practice, there is no guarantee anyone will still be working in 20 years.
Don’t forget, you always have to keep the USCIS and the U.S. State Department up to date on any change of address you may have. It is your responsibility to notify the government any time you move when you are dealing with immigration. Do not assume the postal service will automatically forward your mail. It is a legal obligation for you to report any changes of residence in the U.S. or abroad while an immigration case is pending. Your attorney also must update business addresses and contact information if anything changes.
From time to time, I consult with clients who don’t remember who their attorney was from many years ago when a case may have been first filed. They don’t always even know if the case was filed or if it was properly filed. Make sure to document everything, save everything from the USCIS, and ask for any receipt notices so you know the status of your case. Sometimes a client filed a case on their own or used one of these other “immigration services” to file their petition years back. These are reasons why you should have a licensed and experienced immigration attorney as your authorized legal representative in front of the USCIS or State Department.
Many State Bars such as Georgia, suggest (or even require) each attorney to designate another attorney to handle their cases in case of any interruption in their ability to practice law. Even if you don’t officially designate a legal successor, you should have in place who in your firm or in your professional network can be willing and able to take over if needed. I would suspect physicians, accountants, and other client-based service providers have others listed to handle their patients or clients.
Sadly, over the last two years, I remember at least two South Florida immigration attorneys tragically passing away. While I did not know either of them personally, I always wondered what would happen to their clients? Even if you don’t die prematurely, what happens if you have to go on extended medical or personal leave? Unexpected things happen to the best of us. We should all account for these risks and plan for the worst. While many of us have contingency plans for our children and pets, how many of us have plans for our businesses, customers, and clients? You don’t want to leave people hanging? But even if you do plan on retiring, you always need to check for pending cases filed years ago, and assign them to other attorneys or let your clients know in advance and make sure their cases can be easily transferred.
Immigration law tends to have single and smaller lawyer firms on average compared to other practice areas. The advantage of a smaller practice is the individualized attention you hopefully receive. Additionally, it is often easier to specialize or have a very niche practice area when you are smaller. If you work in a narrower field such as aviation, it is not always practical or possible to have a firm with numerous attorneys. The only negative is greater need for a succession plan. A large firm is not always as advantageous because you simply will turn the case over to internal attorneys and paralegals who likely didn’t work on the cases either.
This article does not constitute a solicitation or provision of legal advice and does not establish an attorney-client relationship. The answers provided should not be used as a substitute for obtaining legal advice from an attorney licensed or authorized to practice in your jurisdiction. You should always consult a suitably qualified attorney regarding any specific legal problem or matter on time.
About the Author:
U.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar and the American Immigration Lawyers Association (AILA). Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (305)-707-8787 or by email at info@finbergfirm.com or visiting www.finbergfirm.com.
