This month’s installment of Tips for Professional Conduct focuses on the importance of managing client expectations.
In Canada, there are many immigration and citizenship programs to which Regulated Canadian Immigration Consultants (RCICs) can help their clients apply. However, RCICs cannot guarantee that an application will be approved.
RCICs can help manage client expectations in the following ways.
Honesty and Candour
The Code of Professional Conduct (Code) requires a licensee to “be honest and candid when advising their clients.” Licensees must explain to clients that meeting basic program requirements does not guarantee an approval.
RCICs should only recommend programs where the client has a reasonable chance of success, guiding the clients toward the most efficient and cost-effective strategies. They should inform clients of any program restrictions or caps.
If an RCIC believes a client’s suggested application is unlikely to succeed, they must give this opinion to the client in writing. If the client decides to proceed, the RCIC must get a written statement from the client acknowledging the risks.
Service Agreements
RCICs must have a signed service agreement in place before providing any immigration or citizenship services.
A service agreement is a written record of the services a client can expect to receive. It can be proof that the licensee gave the client information about the application process, eligibility requirements and necessary documents for the program they are applying to.
Service agreements must comply with the Code and the Retainer Agreement Regulation.
Transparent Conduct
Licensees must be transparent with clients about their role. In particular, licensees must be clear that they cannot guarantee or influence the outcome of immigration applications. RCICs should tell clients which organization makes the decision.
RCICs must also be transparent about their work. They should set realistic service timelines and inform clients that they have no control over application processing times. The Code requires licensees to guide clients on how to access online information about their application, which can include how to check processing times.
Finally, the Code also states that licensees must not “make false, misleading or inaccurate representations.” That would include using the title of “lawyer” when not licensed by a law society, for example.
RCICs and RISIAs must abide by the Code of Professional Conduct, which sets out the required standards of professional conduct and competence.