Ethics, Advocacy, and the Child Client
| dc.contributor.author | Malempati, S. | |
| dc.date.accessioned | 2016-01-11T18:48:47Z | |
| dc.date.available | 2016-01-11T18:48:47Z | |
| dc.date.issued | 2013 | |
| dc.description.abstract | Lawyers, who represent children in abuse and neglect proceedings, face ambiguities in the role they are to assume and the manner in which they must confront ethical issues that arise during the course of representation. Lawyers often represent children as guardians ad litem and make recommendations to the court about the children’s best interests, without necessarily giving weight to the children’s opinions. In doing so, lawyers tend to bypass the ethical and professional rules that govern the lawyer-client relationship and are unable to effectively advocate for the child client’s legal rights. Preconceptions about children’s lack of capacity have led to a paternalistic approach to the representation of children. Our legal system assumes that children, in general, are incapable of rational decision-making. The common presumption is that children do not know what is in their best interests and that they often desire outcomes that conflict with what would be in their best interests. This may be true under some circumstances, but not all. In many cases, if not the majority, children can communicate with their lawyers, understand their options, and assist their advocates. In addition, when lawyers function in their traditional roles as advocates, they can assist the child clients in the comprehension of factual and legal issues involved in their cases and thereby facilitate the decision-making process. Children involved in the court system need true legal advocacy in the form of the traditional lawyer-client model. Lawyers who take on the advocate role must operate within the ethical rules set forth by the profession. When faced with the task of representing diminished capacity clients, lawyers should look to the governing rules and represent their clients within that framework. This article addresses the primary dilemmas lawyers face when representing children in abuse and neglect proceedings and how lawyers can effectively advocate for their child clients. (Author Abstract) | en_US |
| dc.identifier.citation | Malempati, S. (2013). Ethics, Advocacy, and the Child Client. Cardozo Public Law, Policy & Ethics Journal, 12(633), 101-136. | en_US |
| dc.identifier.uri | http://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2485600_code1099574.pdf?abstractid=2318020&mirid=1 | |
| dc.identifier.uri | http://hdl.handle.net/11212/2690 | |
| dc.language.iso | en | en_US |
| dc.publisher | Cardozo Public Law, Policy & Ethics Journal | en_US |
| dc.subject | child abuse | en_US |
| dc.subject | courts | en_US |
| dc.subject | advocacy | en_US |
| dc.subject | representation | en_US |
| dc.subject | policy | en_US |
| dc.title | Ethics, Advocacy, and the Child Client | en_US |
| dc.type | Article | en_US |