Hostname: page-component-586b7cd67f-dsjbd Total loading time: 0 Render date: 2024-11-25T22:23:03.897Z Has data issue: false hasContentIssue false

Legal Status and Client Satisfaction: The Case of Low-Wage Immigrant Workers

Published online by Cambridge University Press:  10 December 2020

Abstract

Lawyers play an important role in mobilizing rights, yet the lawyer-client relationship can be challenging to navigate. This is especially true for immigrants who face barriers to accessing rights and protections. Undocumented status multiplies existing challenges, enhancing the need for an advocate. Based on sixty-six interviews with low-wage immigrant workers (thirty-one documented, thirty-five undocumented) from 2012 to 2014, I reveal how immigration status impacts why and how clients seek legal counsel, the expectations they have for their lawyers, and their eventual sense of satisfaction—or frustration—with their claim. As victims of an enforcement regime and legal system seemingly rigged against them, undocumented clients often have lower expectations of their lawyers and may doubt the integrity of the legal process itself. As a result, they often seemed resigned to follow their attorneys’ lead, minimizing conflict. However, undocumented status also limits labor mobility and generates uncertainty about the future, making claimants more willing to settle claims in order to move on. While they are often willing to come forward, many undocumented claimants nonetheless reject abstract notions of justice in favor of a more pragmatic attitude toward legal mobilization: a certain legal cynicism masquerading as client satisfaction.

Type
Articles
Copyright
© 2020 American Bar Foundation

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

REFERENCES

Abrego, Leisy J.Legal Consciousness of Undocumented Latinos: Fear and Stigma as Barriers to Claims Making for First and 1.5 Generation Immigrants.Law & Society Review 45, no. 1 (2011): 337–70.CrossRefGoogle Scholar
Albiston, Catherine. “Democracy, Civil Society, and Public Interest Law.Wisconsin Law Review 2018, no. 2 (2018): 187214.Google Scholar
Albiston, Catherine, Li, Su, and Nielsen, Laura Beth. “Public Interest Law Organizations and the Two-Tier System of Access to Justice in the United States.Law & Social Inquiry 42, no. 4 (2017): 9901022.CrossRefGoogle Scholar
Alexander, Charlotte S., and Prasad, Arthi. “Bottom-Up Workplace Law Enforcement: An Empirical Analysis.” Indiana Law Journal 89 (2014): 10691131.Google Scholar
Alexander, Charlotte S., Eigen, Zev J., and Gear Rich, Camille. “Post-Racial Hydraulics: The Hidden Dangers of the Universal Turn.New York University Law Review 91 (2016): 158.Google Scholar
Andersen, Ellen A. Out of the Closets & into the Courts: Legal Opportunity Structure and Gay Rights Litigation. Ann Arbor, MI: University of Michigan Press, 2006.Google Scholar
Armenta, Amada. Protect, Serve, and Deport: The Rise of Policing as Immigration Enforcement. Oakland, CA: University of California Press, 2017.CrossRefGoogle Scholar
Armenta, Amada, and Vega, Irene I.. “Latinos and the Crimmigration System.” In Race, Ethnicity and Law, edited by Deflem, Mathieu, 221–36. Bingley, UK: Emerald Publishing Limited, 2017.Google Scholar
Barnes, Jennifer. “The Lawyer-Client Relationship in Immigration Law.Emory Law Journal 52 (2003): 1215.Google Scholar
Bejarano, Carolina Alonso, Juárez, Lucia López, Mijangos García, Mirian A., and Goldstein, Daniel M.. Decolonizing Ethnography: Undocumented Immigrants and New Directions in Social Science. Durham, NC: Duke University Press, 2019.CrossRefGoogle Scholar
Bell, Derrick A.Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation.The Yale Law Journal 85, no. 4 (1976): 470516.CrossRefGoogle Scholar
Bernacki, Edward J., and Tao, Xuguang Grant. “The Relationship between Attorney Involvement, Claim Duration, and Workers’ Compensation Costs.” Journal of Occupational and Environmental Medicine 50, no. 9 (2008): 1013–18.CrossRefGoogle Scholar
Bernhardt, Annette, McGrath, Siobhán, and DeFilippis, James. “Unregulated Work in the Global City: Employment and Labor Law Violations in New York City.” New York: Brennan Center for Justice at the New York University School of Law. June 11, 2007. http://www.brennancenter.org/content/resource/unregulated_work_in_the_global_city_full_report/.Google Scholar
Bernhardt, Annette, Spiller, Michael, and Theodore, Nik. “Employers Gone Rogue: Explaining Industry Variation in Violations of Workplace Laws.ILRReview 66, no. 4 (2013): 808–32.Google Scholar
Berrey, Ellen, Hoffman, Steve G., and Nielsen, Laura Beth. “Situated Justice: A Contextual Analysis of Fairness and Inequality in Employment Discrimination Litigation.Law and Society Review 46, no.1 (2012): 136.CrossRefGoogle Scholar
Berrey, Ellen, Nelson, Robert L., and Nielsen, Laura B.. “Representing Rights: Lawyer-Client Relationships.” In Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality. Chicago, IL: University of Chicago Press, 2017a. http://www.press.uchicago.edu/ucp/books/book/chicago/R/bo26176123.html.Google Scholar
Berrey, Ellen, Nelson, Robert L., and Nielsen, Laura B.. Rights on Trial: How Workplace Discrimination Law Perpetuates Inequality. Chicago, IL: University of Chicago Press, 2017b.Google Scholar
Best, Rachel Kahn, Edelman, Lauren B., Krieger, Linda Hamilton, and Eliason, Scott R.. “Multiple Disadvantages: An Empirical Test of Intersectionality Theory in EEO Litigation.Law & Society Review 45, no. 4 (2011): 9911025.CrossRefGoogle Scholar
Calavita, Kitty, and Jenness, Valerie. Appealing to Justice. Oakland, CA: University of California Press, 2014.CrossRefGoogle Scholar
Chen, Alan K., and Scott, L. Cummings, . Public Interest Lawyering: A Contemporary Perspective. Vol. 28. Wolters Kluwer Law & Business, 2013.Google Scholar
Chen, Ming Hsu.Where You Stand Depends on Where You Sit: Bureaucratic Incorporation of Immigrants in Federal Workplace Agencies.Berkeley Journal of Employment and Labor Law 227, no. 33 (2012): 227–98.Google Scholar
Cummings, Scott L.Hemmed In: Legal Mobilization in the Los Angeles Anti-Sweatshop Movement.Berkeley Journal of Employment and Labor Law 30 (2009): 827.Google Scholar
——. “The Pursuit of Legal Rights—And Beyond.UCLA Law Review 59 (2012): 506–49.Google Scholar
Cummings, Scott L., and Rhode, Deborah. 2010. “Managing Pro Bono: Doing Well by Doing Better.Fordham Law Review 78 (2012): 23572442.Google Scholar
Enriquez, Laura Elise.A ‘Master Status’ or the ‘Final Straw’? Assessing the Role of Immigration Status in Latino Undocumented Youths’ Pathways Out of School.Journal of Ethnic and Migration Studies 43, no. 9 (2016): 1526–43.CrossRefGoogle Scholar
Epp, Charles R. Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State. Chicago, IL: University of Chicago, 2010.Google Scholar
Ewick, Patricia, and Silbey, Susan S.. The Common Place of Law: Stories from Everyday Life. Chicago: University of Chicago Press, 1998.CrossRefGoogle Scholar
Fine, Janice. “Enforcing Labor Standards in Partnership with Civil Society: Can Co-Enforcement Succeed Where the State Alone Has Failed?Politics & Society 45, no. 3 (2017): 359–88.CrossRefGoogle Scholar
Fine, Janice, and Gordon, Jennifer. “Strengthening Labor Standards Enforcement through Partnerships with Workers’ Organizations.Politics & Society 38, no. 4 (2010): 552–85.CrossRefGoogle Scholar
Fritz-Mauer, Matthew. “Lofty Laws, Broken Promises: Wage Theft and the Degradation of Low-Wage Workers.Employee Rights and Employment Policy Journal 20 (2016): 71128.Google Scholar
Galanter, Marc. “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change.Law & Society Review 9, no. 1 (1974): 95160.CrossRefGoogle Scholar
——. “Reading the Landscape of Disputes: What We Know and Don’t Know (and Think We Know) about Our Allegedly Contentious and Litigious Society.UCLA Law Review 31, no. 1 (1983): 471.Google Scholar
Garcia, Ruben J. Marginal Workers: How Legal Fault Lines Divide Workers and Leave Them without Protection. New York: NYU Press, 2012.Google Scholar
García, Hernández, Cuauhtémoc, César. Crimmigration Law. American Bar Association. 2015. https://www.americanbar.org/products/inv/book/214745579/.Google Scholar
Gleason, Andrea E., and Roberts, Karen. “Worker Perceptions of Procedural Justice in Workers Compensation Claims: Do Unions Make a Difference?” Journal of Labor Research 14, no. 1 (1993): 4558.CrossRefGoogle Scholar
Gleeson, Shannon. “Labor Rights for All? The Role of Undocumented Immigrant Status for Worker Claims-Making.Law and Social Inquiry 35, no. 3 (2010): 561602.CrossRefGoogle Scholar
Gleeson, Shannon. Precarious Claims: The Promise and Failure of Workplace Protections in the United States. Oakland, CA: University of California Press, 2016.CrossRefGoogle Scholar
Golash-Boza, Tanya. Deported: Policing Immigrants, Disposable Labor and Global Capitalism. New York: NYU Press, 2015.CrossRefGoogle Scholar
Goldring, Luin, and Landolt, Patricia. “Caught in the Work–Citizenship Matrix: The Lasting Effects of Precarious Legal Status on Work for Toronto Immigrants.Globalizations 8, no. 3 (2011): 325–41.CrossRefGoogle Scholar
Gordon, Jennifer. Suburban Sweatshops: The Fight for Immigrant Rights. Cambridge, MA: Belknap Press, 2007.Google Scholar
de Graauw, Els. Making Immigrant Rights Real: Nonprofits and the Politics of Integration in San Francisco. Ithaca, NY: Cornell University Press, 2016.CrossRefGoogle Scholar
Griffith, Kati L.Discovering ‘Immployment’ Law: The Constitutionality of Subfederal Immigration Regulation at Work.Yale Law and Policy Review 29 (2011): 389451.Google Scholar
——. “Undocumented Workers: Crossing the Borders of Immigration and Workplace Law.Cornell Journal of Law and Public Policy 21, no. 3 (Spring 2012): 611–40Google Scholar
——. “The Power of a Presumption: California as a Laboratory for Unauthorized Immigrant Workers’ Rights.UC Davis Law Review 50 (2017): 12791322.Google Scholar
Griffith, Kati L., and Gleeson, Shannon. “Immigration Enforcement and the Employment Sphere: Unpacking Trump-Era ‘Immployment’ Law.” Southwestern Law Review 48, no. 3 (2019): 475501.Google Scholar
Hall, Matthew, and Greenman, Emily. “The Occupational Cost of Being Illegal in the United States: Legal Status, Job Hazards, and Compensating Differentials.International Migration Review 49, no. 2 (2014): 406–42.CrossRefGoogle Scholar
Hall, Matthew, Greenman, Emily, and Farkas, George. “Legal Status and Wage Disparities for Mexican Immigrants.Social Forces 89, no. 2 (2011): 491513.CrossRefGoogle Scholar
Heinz, John P., and Laumann, Edward O.. “The Hemispheres of the Legal Profession: Summary and Speculation.” In Chicago Lawyers: The Social Structure of the Bar, rev. ed., 127–75. New York: Russell Sage Foundation, 1994.Google Scholar
Kalleberg, Arne L. Good Jobs, Bad Jobs: The Rise of Polarized and Precarious Employment Systems in the United States, 1970s-2000s. New York: Russell Sage Foundation, 2011.Google Scholar
Kritzer, Herbert M., and Silbey, Susan S.. In Litigation: Do the Haves Still Come Out Ahead? Stanford, CA: Stanford University Press, 2003.Google Scholar
Lahav, Gallya. “Immigration and the State: The Devolution and Privatisation of Immigration Control in the EU.Journal of Ethnic and Migration Studies 24, no. 4 (1998): 674–94.CrossRefGoogle Scholar
Lind, E. Allan, and Tyler, Tom R.. The Social Psychology of Procedural Justice. New York and London: Plenum Press, 1988.CrossRefGoogle Scholar
Liu, Sida. “The Legal Profession as a Social Process: A Theory on Lawyers and Globalization.Law & Social Inquiry 38, no. 3 (2013): 670–93.CrossRefGoogle Scholar
LSC, Legal Services Corporation. “Can LSC Grantees Represent Undocumented Immigrants?” LSC - Legal Services Corporation: America’s Partner for Equal Justice, 2020. https://www.lsc.gov/node/3744.Google Scholar
Macías-Rojas, . From Deportation to Prison: The Politics of Immigration Enforcement in Post-Civil Rights America. New York: NYU Press, 2016.CrossRefGoogle Scholar
Marshall, Anna-Maria. “Idle Rights: Employees’ Rights Consciousness and the Construction of Sexual Harassment Policies.Law & Society Review 39, no. 1 (2005): 83124.CrossRefGoogle Scholar
Menjívar, Cecilia, and Kanstroom, Daniel. Constructing Immigrant “Illegality”: Critiques, Experiences, and Responses. New York: Cambridge University Press, 2013.CrossRefGoogle Scholar
Migration Policy Institute. “Profile of the Unauthorized Population - US.” 2020. https://www.migrationpolicy.org/data/unauthorized-immigrant-population/state/US.Google Scholar
Milkman, Ruth, González, Ana Luz, and Narro, Victor. “Wage Theft and Workplace Violations in Los Angeles: The Failure of Employment and Labor Law for Low-Wage Workers.” 2010 https://escholarship.org/uc/item/5jt7n9gx.Google Scholar
Nielsen, Laura Beth, Nelson, Robert L., Lancaster, Ryon, and Pedriana, Nicholas. “Contesting Workplace Discrimination in Court: Characteristics and Outcomes of Federal Employment Discrimination Litigation 1987-2003.” Chicago, IL: American Bar Foundation, 2008. http://www.americanbarfoundation.org/uploads/cms/documents/nielsen_abf_edl_report_08_final.pdf.Google Scholar
Painter, Richard W.Pro Se Litigation in Times of Financial Hardship—A Legal Crisis and Its Solutions.Family Law Quarterly 45, no. 1 (2011): 4594.Google Scholar
Paret, Marcel, and Gleeson, Shannon. “Precarity and Agency through a Migration Lens.Citizenship Studies 20, no. 3–4 (2016): 277–94.CrossRefGoogle Scholar
Pew Research Center. “Unauthorized Immigrants: Length of Residency, Patterns of Parenthood.” Pew Research Center’s Hispanic Trends Project blog. December 1, 2011. https://www.pewresearch.org/hispanic/2011/12/01/unauthorized-immigrants-length-of-residency-patterns-of-parenthood/.Google Scholar
Poppe, Emily S. Taylor, and Rachlinski, Jeffrey J.. “Do Lawyers Matter: The Effect of Legal Representation in Civil Disputes.” Pepperdine Law Review 43 (2015): 881.Google Scholar
Ryo, Emily. “Representing Immigrants: The Role of Lawyers in Immigration Bond Hearings.Law & Society Review 52, no. 2 (2018): 503–31.CrossRefGoogle Scholar
Sarat, Austin, and Felstiner, William L. F.. “Law and Social Relations: Vocabularies of Motive in Lawyer/Client Interaction.Law & Society Review 22, no. 4 (1988): 737–69.CrossRefGoogle Scholar
Sarat, Austin, and Felstiner, William L. F.. Divorce Lawyers and Their Clients: Power and Meaning in the Legal Process. New York: Oxford University Press, 1997.Google Scholar
Sarat, Austin, and Scheingold, Stuart A., eds. Cause Lawyering: Political Commitments and Professional Responsibilities. New York: Oxford University Press, 1998.Google Scholar
Sati, Joel. “Noncitizenship and the Case for Illegalized Persons.” The Berkeley Blog. January 25, 2017. https://blogs.berkeley.edu/2017/01/24/noncitizenship-and-the-case-for-illegalized-persons/.Google Scholar
Seron, Carroll. “The Status of Legal Professionalism at the Close of the Twentieth Century: Chicago Lawyers and Urban Lawyers.Law & Social Inquiry 32, no. 2 (2007): 581607.CrossRefGoogle Scholar
Seron, Carroll, Frankel, Martin, Van Ryzin, Gregg, and Kovath, Jean. “The Impact of Legal Counsel on Outcomes for Poor Tenants in New York City’s Housing Court: Results of a Randomized Experiment.Law & Society Review 35, no. 2 (2001): 419–34.CrossRefGoogle Scholar
Silbey, Susan S.Everyday Life and the Constitution of Legality.” In The Blackwell Companion to the Sociology of Culture, edited by Mark, D. Jacobs and Hanrahan, Nancy, 332–44. Malden, MA: Blackwell Publishing, 2005.Google Scholar
Stumpf, Juliet P.The Crimmigration Crisis: Immigrants, Crime, and Sovereign Power.American University Law Review 56 (2006): 367419.Google Scholar