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Top Ten Ethical Problems for Juvenile Attorneys

Top Ten Ethical Problems for Juvenile Attorneys. Gracie Lewis Associate Judge 305 th District Court Dallas, Texas 75212 214-698-4955 Email: judgeu44@yahoo.com. 10. Your first question upon taking the case is “Where is the juvenile facility anyway?”. Effective Assistance of Counsel

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Top Ten Ethical Problems for Juvenile Attorneys

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  1. Top Ten Ethical Problems for Juvenile Attorneys Gracie Lewis Associate Judge 305th District Court Dallas, Texas 75212 214-698-4955 Email: judgeu44@yahoo.com

  2. 10. Your first question upon taking the case is “Where is the juvenile facility anyway?” • Effective Assistance of Counsel • Children must be represented by an attorney in juvenile delinquency cases. Therefore, the attorney must know what he is doing. • Rule 1.01 TX Disciplinary Rules of Professional Conduct • A lawyer shall not accept or continue employment in a legal matter which the lawyer knows or should know is beyond the lawyer’s competence unless with counsel or in an emergency.

  3. 9. Do I really have to talk to my client when all he wants to discuss is the latest Harry Potter? • Keep Client informed Rule 1:03 TDRPC • A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. You have a duty to explain to the extent reasonably necessary to permit the client to make an informed decision.

  4. 8. You are not going to believe what my client just told me. • Don’t reveal confidential information Rule 1.05 TDRPC • A lawyer shall not knowingly reveal confidential information of a client or former client to anyone, other than the client, the client’s representatives or members of the lawyer’s law firm, unless the client consents or the attorney is defending a claim by the client against the attorney or to stop a crime.

  5. 7. You mean my client might be telling the truth? • Duty to investigate. Rule 1.01 TDRPC • A lawyer shall not neglect a legal matter entrusted to the lawyer or fail to carry out completely the obligation that the lawyer owes to a client. The standard is whether counsel’s performance fell below an objective standard of reasonableness and, if so, whether a reasonable probability exists that, but for counsel’s unprofessional errors, a different outcome would have resulted.

  6. 6. But Judge I really did think that the State was in agreement. • Don’t lie to the Court Rule 3.03 TDRPC Candor toward the Tribunal A lawyer shall not knowingly make a false statement of material fact or law to a tribunal; offer or use evidence that the lawyer knows to be false. R3.02 says a lawyer shall not take a position that unreasonably increases the costs or other burdens of the case or that unreasonably delays resolution of the matter.

  7. 5. I bet the State can’t prove that my client wasn’t abducted by aliens. • Duty not to promote frivolous claims or defenses Same as above.

  8. 4. Yes, Virginia you too can go to jail • Duty to report child abuse TX Fam Code 261.101(a) A person having cause to believe that a child’s physical or mental health has been adversely affected by abuse or neglect by any person shall immediately make a report as provided by this subchapter. A professional shall make a report not later than the 48th hour after the professional first suspects that the child has been or may be abused or neglected. The attorney will probably have to withdraw from the case.

  9. 3. Don’t start celebrating, it’s not over yet. • Appointment of Counsel and Continuation of Representation A juvenile has a right to counsel at all stages of his case. Section 51.10(b) Tx Fam Code States that an attorney is appointed to represent the child until the case is terminated, the family retains an attorney, or a new attorney is appointed by the Court. You have an ethical obligation to perfect an appeal for your client

  10. 2. Help, my client’s mama is CRAZY!!!!! • Appointment of GAL Section 51.11 of the Tx Fam Code In any case in which it appears to the juvenile court that the child’s parent or guardian is incapable or unwilling to make decisions in the best interest of the child with respect to proceedings…the court may appoint a guardian ad litem to protect the interests of the child in the proceedings.

  11. 1. Remember who’s your daddy. • You do not represent the parent or even the best interest of your client. Rule 2.01 TDRPC In advising or otherwise representing a client, a lawyer shall exercise independent professional judgment and render candid advice. The lawyer represents the juvenile, not the parents, not the State of Texas, and not even the best interest of the child.

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