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 services, six months later we published another article regarding this same issue, the 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.
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.
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.
