2. Why is this important for immigration lawyers (lawyers, paralegals or immigration consultants)? Consultants, on the other hand, simply lack the training and qualifications to deal with the complex legal issues that regularly arise in the context of migration and refugees. This is true regardless of whether they act in good faith or with maximum capacity. Moreover, we must not ignore their passion as practitioners motivated by the desire to help vulnerable people. It is worth noting the availability and willingness of many immigration and refugee lawyers to provide legal services at the same or lower cost than an average, if not pro bono, consultant. Given our many efforts in the past to provide free aid after recent natural disasters and political upheavals (Sri Lanka in 2005, Haiti in 2010, Philippines in 2013 and Syria in 2015), we find it difficult to accept the admission of counsellors as an access to justice issue. As we discuss the benefits of opening up the legal profession to non-lawyers, the immigration consulting experience provides a case study of the dangers and pitfalls that may lie ahead. 3. What is the difference between primary sources of law and secondary sources of law? In a recent article published in the Canadian Bar Review, Lisa Trabucco presents immigration counselling as an example of an area of law that has been successfully opened to non-lawyers. But far from being a model to be emulated, the story of immigration consultants practicing law in Canada is deplorable and often shocking.
In this case, the only viable solution that adequately protects the public is for lawyers to monitor the work of consultants. Finding the right law is crucial for any legal research. However, it should not be forgotten that the correct conclusion depends on the ability of the researcher to analyze the material found during the research process. Research must be taken seriously and there must be a commitment to continually develop one`s research skills. Taking research seriously also means working on one`s research skills and knowledge. You have to be up to date with laws that change frequently and be available to spend long hours on them, because finding the right topic can sometimes take a lot of time. Patience and a desire to learn are the qualities that all researchers must possess, as research skills allow them to learn new areas of law and stay current throughout their careers. For any legal research, it is extremely important to find the right laws.
The correct conclusion depends on how a researcher would analyze the case that comes before him during the research process. The research process should be taken very seriously, as it shows the future possibilities of resolving each case without discrepancies. This brings us to the false argument that bad apples among lawyers are proof that such problems do not only affect consultants. It neglects a qualitative distinction. The main problem is not negligence, but competence. The lawyers, who have typically completed rigorous three-year law studies and passed the Bar Association, are qualified and sufficiently trained to provide competent legal advice. Unfortunately, a small number of them practice negligently or fraudulently due to apathy, greed or other impairment. Referring to the litigation skills demonstrated by advisors before the Immigration and Refugees Committee, Paul Aterman, then deputy chair of the Immigration Complaints Division, said in parliamentary testimony in 2017, “Counsel at a hearing needs to know the difference between evidence and arguments,” he said. “The lawyer needs to know what the right legal test is, what the best trial strategy is, how to question or cross-examine a witness. They must be able to think standing up. They must be convincing.
He concluded, “There is a lot to be done with respect to immigration consultants acting as litigators.” Ms. Trabucco merely acknowledges that asylum seekers were more likely to succeed when they were represented by lawyers rather than counsellors.