Federal order bars suspended Berkshire attorney from practicing immigration law

PITTSFIELD — A local attorney has been suspended from practicing immigration law before federal immigration bodies, a development that clarifies months of uncertainty for local immigrants who had hired him to handle their often high-stakes resettlement proceedings.
Scott Paul Clark, whose Massachusetts and Rhode Island law licenses already were administratively suspended earlier this year, is now suspended from practicing before U.S. immigration courts and the Department of Homeland Security, according to the order. Because immigration courts are federal and separate from state courts, state suspensions do not automatically apply to immigration practice.
The Dec. 18 order was issued by the Board of Immigration Appeals through an appellate immigration judge. The order surfaced on Thursday after it was discovered by another attorney and circulated to community organizers who have been working to help Clark's clients secure new attorneys. The order bars Clark from representing clients in federal immigration proceedings and requires him to notify all current clients of his ineligibility to practice. This suspension remains in effect while his disciplinary case is still being decided.
Clark is one of the only immigration law specialists in Berkshire County. The developments come at a particularly precarious moment for immigrants in Berkshire County, said organizers who help people settle in the Berkshires, where access to legal representation is already limited and demand has surged amid stepped-up federal immigration enforcement. With few attorneys in the region handling complex immigration cases, the suspension of a practitioner has left many scrambling for guidance on matters that can carry life-altering consequences.
His Massachusetts and Rhode Island licenses were suspended after the Board of Bar Overseers in Massachusetts determined that Clark failed to fully cooperate with investigations into "complaints involving allegations of ethical misconduct" against him. He said in November that he was continuing to practice immigration law under his New York license.
The nature of the allegations that triggered the investigations isn't clear, as they have not been made public. Clark hasn't been disbarred, but the suspension of his state law license will remain in place until the investigations can be adjudicated. He previously said he was attempting to resolve the issues.
Following his administrative suspension in Massachusetts, people who assist immigrants in Berkshire County began hearing concerns from Clark's clients about how their cases were being handled. Legal clinics were organized, and translators and organizers helped the clients write complaints that were subsequently handed over to the Executive Office of Immigration Review, which runs the nation's immigration courts.
Immigration attorneys from a firm based in the eastern part were also at the clinics to help the former clients get a handle on where their cases stood and how to navigate next steps. Some discovered Clark had apparently missed filing deadlines, and a few learned they had final orders of removal about which they were previously unaware.
About 50 former clients of Clark's had connected with Fernando A. León, a community organizer who works with organizations including Berkshire Interfaith Organizing, for assistance as of Monday, he said.
The former clients are actively seeking guidance from legal authorities as they aim to recover their files and documentation, as well as payments, another source told The Eagle. Clark did not respond to a request for comment on Thursday.
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