Complaint Case Study

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COMPLAINT
On June 2, 2016, the Office of the Bar Counsel received a complaint from Lynette Fast Horse regarding Attorney Paul T. Shane. The complainant, a former employee, believes that Shane has failed to appropriately handle immigration matters. Fast Horse alleges that Murray is in violation of Mass.R.Prof.C. 1.1, 1.2, 1.3, and 8.4(c).
FACTS
Fast Horse has provided information regarding nine separate complaints, a synopsis of each complaint is as follows:
Complaint #1
On March 7, 2016, Myung Ah Kang and her employer hired Shane to assist in filing a H-1B visa petition. On April 15, 2016, Shane emailed Kang asking her to sign documents, and send scanned copies back. A scanned copy of the H1-B visa petition was filed on April 16, 2016,
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In this case, Fast Horse explains that Shane did not properly utilize charts from DOS and USCIS to determine when the client’s I-140 and I-485 could be filed. When the error was discovered Shane did not explain that he had misread the information but rather blamed the error on the DOS’ bulletin. After the error was discovered Shane was misleading as to when the priority date for Fils would be assigned and a USCIS card for temporary work would be issued. Again, Fast Horse asserts that cost of the process was placed entirely on the employee, and Fils was charged more than other clients in similar …show more content…
Fast Horse states that the applicant had to wait one year and nine months for adjudication to be completed.
Complaint#6
Similar to complaint #5, Adriana Ferrieria Danino entered the United States illegally, and without inspection. Danino was only able to become a lawful permanent residence through consular process; however if the client left the country for consular processing a ten year bar would be put in place. In order to avoid this, the client needed to file a waiver demonstrating an extreme hardship to her husband.
Fast Horse alleges that the client came in with her husband to review the I-601A Application for Provisional Unlawful Presence Waiver, and despite the fact the form was incomplete and would require more work his client and her husband signed the waiver. Shane informed them that he would be submitting the application to USCIS after they signed. Shortly after Shane requested that Fast Horse make changes to the document, but did not ask her to have the client review the changes. Again, Shane told Fast Horse to lie to the client and her husband and tell them that the application was in process with USCIS whenever they reached out to the

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