Revising Legal Ethics in Delinquency Cases by Consulting with Juveniles’ Parents

39 Pages Posted: 24 May 2013 Last revised: 8 Aug 2013

Date Written: 2011

Abstract

The ABA's Model Rules of Professional Conduct do not require counsel to consult with or communicate with the parents of juveniles charged in delinquency cases. The article suggests modifications to the current ABA Model Rule 1.14 which would require counsel to communicate with the parents of juveniles unless there is adversity between the parent and child. In cases of adversity, counsel should indicate for the record that a conflict or adversity exists, and thus be relieved of the duty to communicate with the parents. This proposed rule modification would help clarify the role of counsel, endorse the family's role in supporting and assisting the juvenile, and help to increase the participatory function the family plays in their children's legal conflicts.

Keywords: Juvenile Delinquency, Ethics, Parents, Legal Counsel

Suggested Citation

Katner, David R., Revising Legal Ethics in Delinquency Cases by Consulting with Juveniles’ Parents (2011). 79 UMKC Law Review 595 (2011), Available at SSRN: https://ssrn.com/abstract=2268196

David R. Katner (Contact Author)

Tulane University - Law School ( email )

New Orleans, LA 70118
United States
504-865-5153 (Phone)

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