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Moses Law Office

Providing Canadian Immigration Services since 1988

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The purpose of this article is to give the reader some insight into why people should use a qualified immigration lawyer when applying for immigration to Canada. Further detailed information can be obtained by contacting Marvin Moses Law Office.

Firstly, lawyers in Ontario are governed by the Law Society of Upper Canada, and must follow strict rules of conduct as set out by the Society. Lawyers who breach these rules and act unethically face disciplinary action from the Society. For example, lawyers must put client money into a trust account, and can only take the money once the lawyer has done the work and issued an account for services rendered. This rule safeguards the client's money and insures that the money is not misappropriated for improper reason. When a lawyer breaches these rules of conduct, the client can make a formal complaint to the Society and an investigation may follow. A licensed consultant also has to follow rules of conduct as set out by its regulatory body, however, rules of conduct for a consultant are not extensive nor rigorous to cover every facet of its practice. For this reason, if a consultant breached these same rules of conduct, there may be no inexpensive recourse, costly civil litigation may be the only recourse.

Secondly, a qualified immigration lawyer would be up to date on the latest immigration rules and regulations and best placed to aid an immigration applicant or one with an immigration problem.

Thirdly, a qualified immigration lawyer's fee may or may not be more than a licensed consultant's. There are many cases where a consultant charges more than a lawyer, despite the fact that the consultant is often less trained. A lawyer has to go through at least five years of university as well as bar exams and apprenticeship (known in Ontario as 'articling') in order to be formally licensed as a lawyer. Licensing of a consultant has different standards than licensing of a lawyer, yet its licensing process is not as comprehensive and scrupulous as that of the lawyers.

Fourthly, use of a qualified immigration lawyer would be able to rely on his/her experience to ensure less headache for the applicant and a smoother and quicker processing of the application, than would otherwise be possible if the applicant applied by his/her -self. In addition, there would be less chance of the applicant making errors and risking rejection, thereby wasting money (government application fees) and time.

In summary, in Canada, lawyers undergo formal education, training, examination, licensing, and regulation, as well as oversight by a professional disciplinary body. Consultants may have training and licensing, but not to the standards expected of a licensed lawyer.

For further information please contact one of us at Marvin Moses Law Office.

(Since the issues and matters in reality are quite complex, it is recommended that legal or other appropriate professional advice should be sought before acting upon any of the information contained therein. Although every reasonable effort has been made to ensure the accuracy of the information contained in this article, no individual or organization involved in either the preparation or distribution of this article accepts any contractual, tortious, or any other form of liability for its contents or for any consequences arising from its use.)