Coming to Praise, Not to Bury, the New ABA Standards of Practice for Lawyers Who Represent Children in Abuse and Neglect Cases
19 Pages Posted: 9 Jun 2013
Date Written: 2000
The adoption of the Abuse & Neglect Standards as an enforceable ethics code is one that should be supported by members of the legal community. The new standards provide attorneys with a much clearer role thereby establishing what is expected of them. Thus, there will be greater clarity in separating the role of counsel for children from the role of guardian ad litem for children. Furthermore, the current ethics rule followed in most jurisdictions is ambiguous and confusing to the degree of not being enforceable. Because courts are employing legal ethics codes as the basis for deciding civil liability in legal malpractice actions, the adoption of clear and unambiguous ethical rules for attorneys to follow is crucial to ensuring children are properly represented.
Keywords: Dependency, Legal Ethics, American Bar Association, Children, Abuse, Neglect
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