Immigration matters frequently involve a situation where dual representation occurs. In immigration matters, this most frequently occurs when both a petitioner (employer, or petitioning family member) and a beneficiary (the sponsored employee or family member) are represented by a single immigration attorney or law firm. Dual representation occurs, when the filing of an immigration matter has legal implications for both parties.
The majority of the time, the same immigration counsel can fairly represent both parties in immigration matters, and common representation is often the most efficient and cost effective. The opposite, having two firms file a single petition is cumbersome and inefficient and likely to lead to problems.
In representing both the employer and employee or a family petitioner and beneficiary, Brown Immigration Law is required to inform each client adequately and maintain confidentiality of information relative to representation. However, information revealed by either party cannot be kept confidential from the other party without prior consent from both parties. As such, it is important to understand that there is a possibility in the future that a conflict could arise.
In the event that a conflict arises or confidential information is disclosed that impacts our ability to continue to represent both parties, we may be forced to withdraw from representing either party in a dual representation matter. Further, we may have an obligation to disclose information to the dually represented party. Should you ever have a question regarding our professional obligations related to representation please do not hesitate to contact us.