Introduction:
At the end of 2011 we published our first article regarding the problems we were having getting a power a Power of Attorney from those seeking our help (http://lawadv.com/teamwork-help-us-help-you/) , six months later we published another article regarding this same issue, the power of attorney (http://lawadv.com/common-power-of-attorney/), today we are again writing about the issue which makes me think there must be a mystic power behind this document or even in the name itself “power” but whatever it is it won’t change the fact that in this country either you sign one or wave the privilege of having a lawyer helping you.
Part 1: A lawyer without power
Because of the political structure and other problems of the Israeli Bar, we lawyers are regarded as “not to be trusted people” even by the different governmental agencies such as the Ministry of Interior and even the court’s clerks. As an example of how bad we lawyers are performing I will give you my latest experience with the Ministry of Interior in Eilat.
Maria, a mother of two daughters living in Israel, was not granted entrance into Israel a few weeks ago. Instead she was actually expelled from Israel upon arrival at the airport and sent back to where she came from because in the past she was in Israel for almost two years without a permit – all due to many mistakes her daughters made when handling the matter in the past.
In fact, the State of Israel would have been willing to let her stay for a year or more if she had applied for a tourist visa but due to lack of understanding they never asked properly for an extension of the first visa. As a result, Maria was considered as persona non grata.
Maria needed a lawyer to review her case and “clean” her status with the immigration department and therefore she asked for my help and services. For this purpose, I had a power of attorney signed by fax because Maria was abroad and I wanted the process to start as soon as possible. In the meantime I sent her a Power of Attorney to be signed in the Israeli Consulate abroad.
Soon after sending my request to the Ministry of Interior (on my letterhead) I receive an answer asking for a copy of my license and the original POA (not a copy). Fortunately I had received the original one signed in front of an Israeli Consul so I was able to send them the POA.
As a lawyer I feel offended when asked for such a document as my license. If they want to be sure that I am a lawyer they can go online and look for me in the Israeli Bar’s site! But realistically I knew that it was best to comply if I want quick results in return, so I sent them what they asked for.
Without the POA I would never receive an answer.
Part 2: A lawyer with too much power
Shirley came into my office as scheduled. She burst in like thunder – she was angry, disappointed, frustrated, indignant and mostly disconnected from reality.
She was being sued by a company that is represented by one of the largest Israeli law firms for a ridiculous amount of a few thousand shekels. She had a list of demands and another list of complaints and she was ready to go to a legal battle.
I listened to her patiently and in the end I told her I could probably solve the case with a simple phone call. In disbelief she told me how powerful the plaintiffs were, how powerful and famous this law firm was, thus making it impossible to reach any agreement with them – I disagreed.
After a while she gave me an opportunity and I made the phone call – an agreement was reached and would be signed soon without court procedures. She told me she had heard bad things about Voleh on Facebook but now she understood it was just “lashon Hara-bad mouthing”.
I thought it was a bit strange that someone who heard only bad things about an organization would seek their help, but I didn’t ask why she had come to me.
In order to proceed with the case and represent her in working out the agreement with the plaintiffs, I needed a POA and to my perplexity and surprise Shirley wanted the POA translated telling me “well, you see I am scared because of what I’ve heard…”. I don’t know why I agreed to give her a translation, but I did and then she told me “I have to think about this because this document is too powerful”.
Finally I understood I was to be blamed, I made a mistake – it was time to say goodbye in peace as friends. I cannot represent anyone without a minimum trust and in fact there is not one lawyer who will be able to help her without a POA because this is the law and this is how it works in this country – like it or not.
Be wise:
There are lines one should not cross such as asking a doctor in Kupat Cholim for his PHD or his license to practice in Israel, or asking a police officer you seek out in a police station for his credentials (all true cases I’ve heard from new immigrants). The same holds true with asking a lawyer to write a special POA the way you like it – especially if you are being helped free of charge, a lawyer you came to see after choosing him/her from among more than sixty thousand lawyers in Israel.
