My friends lawyer filed his labor certification case based on his background and input and never mentioned this. Why?
Lawyers are like the population in general. Some are more experienced. Some view their legal obligations differently. The client in a labor certification, regardless of who pays the fees, etc., is the employer. The lawyer’s duty is to protect his client’s interests. It is a federal felony to claim special requirements on the labor certification that are not actually the company’s true minimums. The friend’s lawyer may not know this or chooses not to advise the employer of this liability. This is called legal malpractice and as far as the government is concerned, it is a criminal offense which can include the company, the employee and the lawyer.
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