Discovery and Disclosure of Immigration Status in Litigation: Ethical and Practical Considerations

Written By: Anna N. Martinez, Esq.

Ogborn Mihm LLP

Denver, Colorado

Access to the courts is something most people, especially lawyers, take for granted. However, when a non-citizen prospective client seeks access to the courts to redress an injury, some lawyers may second-guess whether the potential client is permitted to bring a claim, and whether the lawyer is able to represent the prospective client should his or her immigration status be called into question. This article explores practical approaches a lawyer can take to assess such a case, and to protect a client’s rights in the litigation process….

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