11.4 - Conduct

(a) Practitioners — A practitioner may be disciplined by the Board for:

• frivolous behavior, as defined in 8 C.F.R. § 1003.102(j) and discussed at 8 C.F.R. § 1003.1(d)(2)(iii)
• ineffective assistance of counsel as provided in 8 C.F.R. § 1003.102(k)
• misconduct resulting in disbarment from, suspension by, or resignation from a state or federal licensing authority while a disciplinary investigation or proceeding is pending
• conviction of a serious crime
• a false statement of material fact or law made knowingly or with reckless disregard
• false certification of a copy of a document made knowingly or with reckless disregard
• assisting the unauthorized practice of law
• grossly excessive fees
• bribery, coercion, or an attempt at either, with the intention of affecting the outcome of an immigration case
• improper solicitation of clients or using “runners”
• misrepresenting qualifications or services
• repeated failure to appear for scheduled hearings in a timely manner without good cause
• courtroom conduct that would constitute contempt of court in a judicial proceeding
• engaging in conduct prejudicial to administration of justice
• failing to provide competent representation
• failing to abide by a client’s decision
• failing to act with reasonable diligence
• failing to maintain communication with a client
• failing to disclose legal authority to an adjudicator
• repeatedly failing to submit a signed and completed appearance form in compliance with the applicable rules and regulations
• repeatedly drafting notices, motions, briefs, or claims, which are filed with DHS or EOIR, that reflect little or no attention to the specific factual or legal issues applicable to a client’s case, but rather rely on boilerplate language indicative of a substantive failure to completely and diligently represent the client

• repeatedly failing to sign any pleading, application, motion, petition, brief, or other document that the practitioner prepared or drafted and was filed with EOIR

See 8 C.F.R. § 1003.102.  This list is not exhaustive or exclusive, and other grounds for discipline may be identified by the Board.  8 C.F.R. § 1003.102.

(b) Recognized Organizations — A recognized organization may be disciplined by the Board for:

• Making false statements or providing misleading information in applying for recognition or accreditation of its representative
• misrepresenting scope of authority or services
• failing to provide adequate supervision of accredited representatives
• engaging in the practice of law through staff when organization does not have an attorney or accredited representative

See 8 C.F.R. § 1003.110.  This list is not exhaustive or exclusive, and other grounds for discipline may be identified by the Board.  8 C.F.R. § 1003.110.