回复: 大律师TIM LEAHY运筹帷幄 9月21日 尽人事 待天命
以下Tim 介绍加拿大移民律师情况并分析这次诉讼为啥占了先机，加入他的诉讼会有哪些利点以及他今后的对策：
Most of the lawyers involved in the litigation are solo practitioners. I have another lawyer who will be working with me on the litigation if it becomes too much for me. At present I am coping by referring other business to her so that I will have time to deal with this litigation and have been working twelve-hour days, seven days a week since last September.（大部分律师都是单干的，我有助手，忙不开的话就可以来帮忙。我尽可能自己处理，很努力，自九月以来，一天忙到晚，周末也不休息）
The idea that the bigger the firm the better the result is erroneous. The real issue is the creativity of the lawyers involved. We are dealing with an issue never before litigated. What is needed is a lawyer who is knowledgeable in the law and able to improvise. Most immigration lawyers do not fit this description. If they did, it would not have been I who challenged the backlog in the first place -- 11 months ago -- while the others sat around doing nothing. Indeed, most are continuing to do nothing -- most notably, the big law firms.（并不是律师所越大越好。这次世界媒体关注的大诉讼为啥是我在11个月前最先发起？大律师所干啥去了？他们闲着啥事不干）
The second important factor is the character of the lawyer. Immigration lawyers fall into three general categories（移民律师分为三种）: the academic（学术型的）, the fighters（斗士型的） and the business folk（商业型的）. The first category have the best grasp of the law but rarely step into the arena. The second are the ones who fight for justice. The third operate law firms, have many support staff and make lots of money. To think that the third category care about a single distressed FSW applicant, as opposed to a rich investor immigrant, is to elevate one's sense of self-importance far beyond reality.
The irony is that most of the second category are those who handle asylum claims and rarely venture into the visa-processing stream. They are the most interested in justice and the most knowledgeable in the law itself. However, they are not up to speed on visa-processing law. So, while their hearts and souls would be in the right place, they'd be a bit like ducks out of the water in this litigation.（并不是所有移民律师都懂得怎么打签证官司，有的就像旱鸭子）
Lawrence Wong（王仁铎） and I probably are the most creative thinkers in the group, especially because Rocco Gallati, who alone possesses all of the required attributes, is working with us, and no one exceeds our commitment to justice. （王仁铎和我在这次诉讼中很有创造性。加上知识全面的Rocco，我们的组合对司法公正的贡献无人能比）
A second misconception this attitude evinces is believing that, in the end, it really matters which of the other counsel one selects for the 87.4 challenge. DoJ is insisting that applicants' counsel present only one written submission, and Justice Barnes prefers that approach because it means that he will not have to read as much. Thus, the end result of the 87.4 challenge will be the same written submission no matter with which lawyer one signs on. But, even if there are multiple written submissions, as Justice Barnes has noted, if 87.4 is struck down, it will apply to all those whom it affects. For that reason, if those who seek a true class-action prevail, it will not even matter if one does not sign up with anyone because everyone will get the same result.
This misconception includes the presumption that I will have to perfect 1,000 files. As I just stated, the likelihood is that there will be only one written submission but, at most, there will be only one written submission per lawyer. Thus, the logistical issues are limited to filing the cases and communicating with the clients.（手中有1000个申请人的案子并不是要一个个打官司，因为判决只有一个。手中案子多，只是要多花工夫去立案和与诉讼人沟通）
There is, however, a difference between my group and all the others: we have the Agreement. （我们的诉讼队伍与其他律师的相比，一个重要的不同在于我们有协议---AGREEMENT) If the Court grants my motion, all of my litigants will have their files promptly assessed immediately, whereas those in the 87.4 challenge will have to wait many more months -- if not years -- before their files are assessed. Once that decision comes out, however, joining me -- on the surface -- will be no different than joining anyone else.
The difference, however, is that I have a different approach I will be taking than the others are.(我们的诉讼队伍比别的律师的多了一条路） If I can ever get past Phase I, I will go into Phase II. If I succeed in this endeavor, my litigants will have their files assessed even before the 87.4 litigation has been argued in court. In fact, if I prevail, the Minister will likely give up entirely. This is where the creativity of the lawyer is more important than the size of the firm.（这就是为什么我说，律师所大，不如律师有创造性更好）
Once we have a ruling on my motion, I will change tact. If the motion succeeds, I go immediately into Phase II. If it does not, I divide my group into three categories: those whose files were never assessed; those whose files were assessed after March 28th and those whose files were assessed before March 29th. Those in the third category have the strongest case legally; those in the second case have the strongest case morally and those in the first category will be stuck in a legal morass for years to come -- unless my Phase II succeeds.
Once my motion is decided, it will not matter to me if no other unassessed FSW applicants join our group. I am more interested in the assessed group, who will be the vanguard of Phase II because s. 87.4 cannot be used against them. If the Court refuses to dismiss my Phase II litigation for this group, I will come forward with the post-March 28th assessed group. If the Court refuses to dismiss them -- which is to say, if it agrees with me that 87.4(5), which bars legal action, does not affect my argument -- the door will open for all my litigants. At that point, I expect the other lawyers to follow me once again and CIC will give up. If, however, this approach fails, the 87.4 litigation will continue. So, yet again, our group will have two bites at the apple; not just one（我们的人马不会吊死在一棵歪脖树上）.
So, we return to the point I made initially: the creativity (and soul) of the lawyer is more important than the size of his/her firm. I will be taking a different approach, one I delineated on unfairCIC.com when I launched it a year ago while the other counsel were doing nothing for the pre-Bill C-50 applicants. （我一年前发起诉讼的时候，别的律师什么也没做，他们闲坐着看91的申请人等了一年又一年）
以下Tim 介绍加拿大移民律师情况并分析这次诉讼为啥占了先机，加入他的诉讼会有哪些利点以及他今后的对策：
Most of the lawyers involved in the litigation are solo practitioners. I have another lawyer who will be working with me on the litigation if it becomes too much for me. At present I am coping by referring other business to her so that I will have time to deal with this litigation and have been working twelve-hour days, seven days a week since last September.（大部分律师都是单干的，我有助手，忙不开的话就可以来帮忙。我尽可能自己处理，很努力，自九月以来，一天忙到晚，周末也不休息）
The idea that the bigger the firm the better the result is erroneous. The real issue is the creativity of the lawyers involved. We are dealing with an issue never before litigated. What is needed is a lawyer who is knowledgeable in the law and able to improvise. Most immigration lawyers do not fit this description. If they did, it would not have been I who challenged the backlog in the first place -- 11 months ago -- while the others sat around doing nothing. Indeed, most are continuing to do nothing -- most notably, the big law firms.（并不是律师所越大越好。这次世界媒体关注的大诉讼为啥是我在11个月前最先发起？大律师所干啥去了？他们闲着啥事不干）
The second important factor is the character of the lawyer. Immigration lawyers fall into three general categories（移民律师分为三种）: the academic（学术型的）, the fighters（斗士型的） and the business folk（商业型的）. The first category have the best grasp of the law but rarely step into the arena. The second are the ones who fight for justice. The third operate law firms, have many support staff and make lots of money. To think that the third category care about a single distressed FSW applicant, as opposed to a rich investor immigrant, is to elevate one's sense of self-importance far beyond reality.
The irony is that most of the second category are those who handle asylum claims and rarely venture into the visa-processing stream. They are the most interested in justice and the most knowledgeable in the law itself. However, they are not up to speed on visa-processing law. So, while their hearts and souls would be in the right place, they'd be a bit like ducks out of the water in this litigation.（并不是所有移民律师都懂得怎么打签证官司，有的就像旱鸭子）
Lawrence Wong（王仁铎） and I probably are the most creative thinkers in the group, especially because Rocco Gallati, who alone possesses all of the required attributes, is working with us, and no one exceeds our commitment to justice. （王仁铎和我在这次诉讼中很有创造性。加上知识全面的Rocco，我们的组合对司法公正的贡献无人能比）
A second misconception this attitude evinces is believing that, in the end, it really matters which of the other counsel one selects for the 87.4 challenge. DoJ is insisting that applicants' counsel present only one written submission, and Justice Barnes prefers that approach because it means that he will not have to read as much. Thus, the end result of the 87.4 challenge will be the same written submission no matter with which lawyer one signs on. But, even if there are multiple written submissions, as Justice Barnes has noted, if 87.4 is struck down, it will apply to all those whom it affects. For that reason, if those who seek a true class-action prevail, it will not even matter if one does not sign up with anyone because everyone will get the same result.
This misconception includes the presumption that I will have to perfect 1,000 files. As I just stated, the likelihood is that there will be only one written submission but, at most, there will be only one written submission per lawyer. Thus, the logistical issues are limited to filing the cases and communicating with the clients.（手中有1000个申请人的案子并不是要一个个打官司，因为判决只有一个。手中案子多，只是要多花工夫去立案和与诉讼人沟通）
There is, however, a difference between my group and all the others: we have the Agreement. （我们的诉讼队伍与其他律师的相比，一个重要的不同在于我们有协议---AGREEMENT) If the Court grants my motion, all of my litigants will have their files promptly assessed immediately, whereas those in the 87.4 challenge will have to wait many more months -- if not years -- before their files are assessed. Once that decision comes out, however, joining me -- on the surface -- will be no different than joining anyone else.
The difference, however, is that I have a different approach I will be taking than the others are.(我们的诉讼队伍比别的律师的多了一条路） If I can ever get past Phase I, I will go into Phase II. If I succeed in this endeavor, my litigants will have their files assessed even before the 87.4 litigation has been argued in court. In fact, if I prevail, the Minister will likely give up entirely. This is where the creativity of the lawyer is more important than the size of the firm.（这就是为什么我说，律师所大，不如律师有创造性更好）
Once we have a ruling on my motion, I will change tact. If the motion succeeds, I go immediately into Phase II. If it does not, I divide my group into three categories: those whose files were never assessed; those whose files were assessed after March 28th and those whose files were assessed before March 29th. Those in the third category have the strongest case legally; those in the second case have the strongest case morally and those in the first category will be stuck in a legal morass for years to come -- unless my Phase II succeeds.
Once my motion is decided, it will not matter to me if no other unassessed FSW applicants join our group. I am more interested in the assessed group, who will be the vanguard of Phase II because s. 87.4 cannot be used against them. If the Court refuses to dismiss my Phase II litigation for this group, I will come forward with the post-March 28th assessed group. If the Court refuses to dismiss them -- which is to say, if it agrees with me that 87.4(5), which bars legal action, does not affect my argument -- the door will open for all my litigants. At that point, I expect the other lawyers to follow me once again and CIC will give up. If, however, this approach fails, the 87.4 litigation will continue. So, yet again, our group will have two bites at the apple; not just one（我们的人马不会吊死在一棵歪脖树上）.
So, we return to the point I made initially: the creativity (and soul) of the lawyer is more important than the size of his/her firm. I will be taking a different approach, one I delineated on unfairCIC.com when I launched it a year ago while the other counsel were doing nothing for the pre-Bill C-50 applicants. （我一年前发起诉讼的时候，别的律师什么也没做，他们闲坐着看91的申请人等了一年又一年）
