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Lawyer is to advocate for stated interest of client
Protect Legal Rights of Client Spot legal issues—always apply law to facts Attorney cannot be a witness Advise client Maintain attorney client privilege
Role of Attorney in WA State
The obligation of the CASA is to independently investigate the circumstances of the children and to formulate recommendations to the court.
Mandatory reporter
CASA/GAL
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation
RPC 1.1 Competence
A lawyer shall abide by a client’s decision concerning the objectives of representation and, as required by Rule 1.4, shall consult with the client as is impliedly authorized to carry out the representation.
RPC 1.2 Scope of Representation and authority
A lawyer shall act with reasonable diligence and promptness in representing a client
RPC 1.3 Diligence
(a) A lawyer shall;◦ (1)Promptly inform the client of any decision or
circumstances with respect to which the client’s informed consent…is required
◦ (2)Reasonably consult with the client about the means by which the client’s objectives are to be accomplished
◦ (3)Keep the client reasonably informed about the status of the matter;
◦ (4)Promptly comply with reasonable requests for information; and
(b) A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation
RPC 1.4 Communication
(a)A lawyer shall not reveal information relating to the representation of a client…
(b)A lawyer to the extent the lawyer reasonably believes necessary;
(1)Shall reveal information relating to the representation of a client to prevent reasonably certain death or substantial bodily harm
RPC 1.6 Confidentiality of Information
(a) When a client’s capacity to make adequately considered decisions in connection with a representation is diminished, whether because of minority…the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with client.
RPC 1.14 Client with Diminished Capacity
(a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness unless:◦ (1) the testimony relates to an uncontested issue;◦ (2) the testimony relates to the nature and value
of legal services rendered in the case.
3.7 Lawyer as Witness
In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors that may be relevant to the client’s situation.
RPC 2.1 Advisor
Section 1.1(7) If the child is preverbal or unable to communicate a stated interest, the determination of the child’s legal interests should be based on the laws that are related to the purposes of the proceedings, the child’s specific needs and preferences, the goal of expeditious resolution of the case so the child can remain or return home or be placed in a safe, nurturing, and permanent environment, and the use of the least restrictive or detrimental alternatives available.
Meaningful Representation
The determination of the child’s legal interests should be based on objective criteria as set forth in the laws related to the purpose of the proceedings
Criteria should address the child’s specific needs and preferences
The goal of expeditious resolution of the case
So the child can be placed in a safe, nurturing and permanent environment
Determining the very young child’s interests
The child’s cognitive ability; Emotional and mental development, and
stability; Ability to communicate; Ability to understand consequences; Strengths of wishes; and Opinions of others
What attorney should consider
Child-centered Research-informed Permanency-driven Attorneys must see the world through the
child’s eyes and formulate their approach from that perspective
Advocacy for young children should be
Lawyers must be aware of and able to assess the quality of the very young child’s relationship with caregivers and use the legal process to support and create nurturing and healthy attachments
Because children under three years old, do not function independently, but in relationship to others, the quality of their relationships with biological and substitute caregivers largely determines their physical, social/emotional, and cognitive development processes
How a lawyer can help mitigate early trauma
Observe the physical environment to ensure it supports the child’s healthy development, is safe and age appropriate
Is culturally familiar to child There are developmentally appropriate
books and toys Child has safe place to sleep, eat and play Child has weather-appropriate clothing
Go to the placement
In making decisions about the representation, am I making the best effort to see the case from the client’s subjective point of view, rather than exclusively from an adult’s point of view?
Does the child understand as much as I can explain about what is happening in the case?
If my client were an adult, would I be taking the same actions, making the same decisions, and treating her in the same way?
Seven questions to keep us honest
If I decide to treat my client differently from the way I would treat an adult in the same situation, in what ways will my client concretely benefit from that deviation? Is that benefit one which I can explain to my client?
Is it possible that I am making decisions for the gratification of the adults in the case, and not for the child?
Is it possible that I am making decisions in the case for my own gratification and not for that of my client
Does the representation, seen as a whole, reflect what is unique and idiosyncratically characteristic of this child?
Questions continued
The Fostering Connections Act gives priority to placing siblings together
In some cases, older siblings may have been the de facto caregivers for the baby while the mother or father was working or using drugs
Often older siblings protect younger siblings when DV is present in a family
Siblings play together, teach each other, and are often the only familial and cultural connection that a baby has once she is removed and placed in foster care
siblings
