My friend attend a hearing 2 weeks ago and during her hearing judge and security both asked the claimant and counsel if they are together they denied and during the hearing they denied as well later IRB member ask to move the camera and caught counsel is together asked explanation and move on but now after 2 weeks send a notice of suspension to counsel so my friend is worried what will happen with her hearing how irb member will decide their case as they found counsel and her both guilty and lieing as they both were hiding they are together so any idea what can happen with her claim seniors?
Virtual hearing Mishap and Counsel got a notice.
- Thread starter zak86
- Start date
you know when someone came new and it is on their life so they listen what their counsel says isnt it? i asked same they said they were following what counsel said they had no idea it can happen as they were choosen for short hearing but after that incident short hearing became full one. it can be a negative thing but can it effect their desicion as well? wondering about it like member will focus on facts of incident or their life safety
The lawyer should be reported to the licensing board. Your friend should be looking for a new lawyer. There is a good chance that due to a conflict of interest they may need to refile.
refile or rehearing? as members completed the hearing and then after sending a notice to counsel what are their options what they can expect in the decision it can impact on it or not as they are like we took the oath and in between hearing member found a lie so it can be negative or what?
agree but what will happen with their past hearing will member consider it as per law or will take it like they lie so everything is lie
Impossible to say what will happen. The fact that they lied during the hearing is not good. It impossible to say what impact this will have on the hearing. They need to find another lawyer ASAP and they will be able to provide advice.
Not illegal but against the code of ethics so it can be an issue when it comes to the lawyer and the licensing board. Essentially it is a conflict of interest for the lawyer. The lawyer may not be providing good legal advice and can be providing advice based on the fact that they are the lawyer. There is also a power imbalance because the client is dependent on the lawyer to try and secure them status in Canada. In terms of the client, they may be trusting the lawyer as a romantic partner and not looking critically at the advice they may be receiving. The fact that they both lied during the hearing is also an issue. Credibility is a big issue in an asylum hearing and having not switched lawyers and then lying when they were confronted about being in a relationship creates concerns about other misrepresentation.
it is no issue no legal obligations but issue is that when security and member both asked both parties like 4 5 times and all the time they denied and lied issue is that if they tell them in start there won't be any issue or mishap.
A lawyer can’t be in a relationship with their client. It is a conflict of interest. The fact that they lied numerous times is also a big issue. The lawyer will also liked be reported.
so what can happen with claimants now they can get neg decision-based on credibility as they lied? or lawyer will be suspended or what consequences they both can face?