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FINAL DISCIPLINARY RULES FOR THOSE PRACTICING BEFORE IMMIGRATION AGENCIES ISSUED
The Executive Office for Immigration Review (EOIR), which consists of the Immigration Courts and the Board of Immigration Appeals, and the INS have issued disciplinary rules for those practicing before the agencies.  The rules were proposed in January of 1998.  The agencies received hundreds of comments on the proposal, and after reviewing them and incorporating some of the changes suggested, have issued this final rule, which will become effective on July 27, 2000. 
The rules apply both to attorneys and to those who are authorized to represent people before the agencies.  Some of the more important rules are outlined below. 
Immediate suspension of a practitioner is authorized in two situations.  The first is when an attorney is disbarred, suspended or resigns and when the disciplinary action is accompanied by an admission of misconduct.  The second is when the practitioner is convicted of a serious crime.  Because convictions may be appealed, the disciplinary order will not become final until all appeals are exhausted. 
Practitioners may be disciplined for charging grossly excessive fees.  While the fee charged is a discretionary matter and goes to the heart of the attorney-client relationship, there are circumstances in which it is clear the client has been charged too much.  The factors to be used in determining whether a client has been over-charged are the same as those found in the Model Rules of conduct promulgated by the American Bar Association.   
Sanctions are also authorized against practitioners who bribe or attempt to bribe agency officials, those who make false statements or willful misrepresentations and those who attempt to solicit professional employment.  
Under this new rule, after a practitioner has been found to have been ineffective, the client will have one year to bring a disciplinary complaint.
Hearings under these disciplinary rules will be conducted in accordance with established procedures for immigration appeals, and include the opportunity to submit written briefs and make oral arguments. 
 
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