present. And of course, by using third parties as “interpreters,” you risk breach- ing the confidentiality of your discussions in a way that could negatively impact your client’s case. Likewise, using an outside interpreter will help to ensure that your client’s account of the facts will not become commingled with those of poten- tial witnesses or co-plaintiffs, due to the possibility that they may try to “fill in” or otherwise explain her account with facts within their own knowledge. Remember also to ask your client if she feels comfort- able with the interpreter. This not only will help to make her feel more respected generally, but also can help prevent or alleviate any communication problems between the client and interpreter due to differences in their linguistic or cultural backgrounds (e.g., between the Spanish of Argentina and that of Mexico.) All agreements between you and your
client – including the retainer agreement – should be translated by a competent translator into the language, if any, in which your client is literate. Because of the complexity of these documents, you should sit down with your client (with an interpreter as needed), read through the entire document, and make sure she understands all of its provisions before signing. If it is not possible to obtain a fully
translated version of the document, or your client is not literate in either her primary language or in English, an alter- native would be to append the following paragraphs to the document, along with date and signature lines: [to be signed by the client]: I have
had the foregoing document interpreted for me into [language], which is my primary language. I understand the contents of this document and agree to them. [to be signed by the interpreter]: I
am an interpreter bilingual and biliterate in [client’s language] and English. I inter- preted the above document for [client], as well as any questions the client had for [attorney] regarding it, and s/he indicated to me thereafter that she understood and agreed to its contents. It is also important to ensure your client understands your role in relation
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to the legal system. In some cases, in the initial stages of representation, clients may believe that you are associated with a governmental agency, law enforcement entity, or have some role other than exclusively serving as their advocate. This is, of course, of special importance in cre- ating a trust relationship with undocu- mented immigrant clients, for whom much may be at stake aside from their legal claims per se. Finally, the very question of whether
your client is undocumented is one that must be raised in a sensitive manner. Some attorneys make the mistake of ask- ing the question directly and very early in an initial meeting. Although some undocumented immigrants may be very forthcoming about their lack of status, many others will, quite rationally, approach the subject with a greater degree of apprehension. In the majority of cases, therefore, it is better to approach the topic indirectly, and after your client has had an opportunity to at least preliminarily build a rapport with you and to become comfortable disclos- ing the details of her case. This should be accompanied with the prior assurance that you are bound by the attorney-client privilege to keep all of your discussions confidential, and that you will not dis- close any lack of status to the govern-
ment or to adverse parties absent your client’s agreement. So, what are the immigration-related
questions that you should ask before fil- ing any legal claims on behalf of an immi- grant client? A basic, non-exhaustive list of questions could include: • What is your current immigration status? (Or, put another way, do you currently have papers/a visa authorizing you to work in the U.S.?) Remember that your client’s status
may be different now than it was at the time the events giving rise to her claims occurred. • What was your immigration status at the time that you were employed (or injured)? • Was your employer aware of your status? How do you know that? • Were you asked to complete, and did you actually fill out or sign, any docu- ments relating to your immigration status (such as an I-9 form from the employer) at the time of the events in question? • Did you ever use or provide a different name during your employment?11 How did you obtain that name? Was
it provided to you by the employer? (Yes, this sometimes happens; we have had cases where employers pay people under different names to avoid paying them overtime by “splitting” their hours.)
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