La. Admin. Code tit. 22, § XV-1115 - Counsel's Duties Regarding Client Communication
A. Counsel shall act in accordance with the
duty of loyalty owed to the client. Attorneys representing parents should show
respect and professionalism towards their clients. Parents' attorneys should
support their clients and be sensitive to the client's individual needs.
Attorneys should remember that they may be the client's only advocate in the
system and should act accordingly.
B. Counsel shall adhere to all laws and
ethical obligations concerning confidentiality. Attorneys representing parents
shall understand confidentiality laws, as well as ethical obligations, and
adhere to both with respect to information obtained from or about the
client.
C. Counsel shall meet and
communicate regularly with the client well before court proceedings.
D. Counsel should advocate for the client's
goals and empower the client to direct the representation and make informed
decisions.
E. Counsel should
identify any potential barriers to the client's cooperation in the proceedings.
1. The parent's attorney should help the
client access information about the child 's developmental and other needs by
speaking to service providers and reviewing the child 's records. The parent
needs to understand these issues to make appropriate decisions for the child 's
care.
2. The parent's attorney and
the client should identify barriers to the client engaging in services, such as
employment, transportation, housing and financial issues. The attorney should
work with the client, caseworker and service provider to resolve the
barriers.
3. The attorney should be
aware of any special issues the parents may have related to participating in
the proposed case plan, such as an inability to read or language differences,
and advocate with the child welfare agency and court for appropriate
accommodations.
F.
Counsel should act with regard to the cultural background and socioeconomic
position of the parent throughout all aspects of representation. The parent's
attorney should learn about and understand the client's background, and
consider how cultural and socioeconomic differences impact interaction with
clients.
G. Counsel should be aware
of the client's mental health status and be prepared to assess whether the
parent can assist with the case in accordance with Louisiana Rule of
Professional Conduct 1.14 (Client with Diminished Capacity). The attorney
should be familiar with any mental health diagnosis and treatment that a client
has had in the past or is presently undergoing (including any medications for
such conditions). The attorney should get consent from the client to review
mental health records and to speak with former and current mental health
providers. The attorney should explain to the client that the information is
necessary to understand the client's capacity to work with the attorney. If the
client's situation seems severe, the attorney should also explain that the
attorney may seek the assistance of a clinical social worker or some other
mental health expert to evaluate the client's ability to assist the
attorney.
H. When appointed as a
curator, counsel should undertake diligent efforts to locate a missing parent,
including but not limited to investigation and attempts to contact persons who
may have information regarding the location of the parent. If the missing
parent is found, notify him or her of the pendency and nature of the
proceedings. If the missing parent is not found, the defender should stay
involved throughout the case , object when necessary to preserve the missing
parent's rights, and make periodic attempts to find the parent.
Notes
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