La. Admin. Code tit. 22, § XV-1307 - Allocation of Authority between Child Client and Attorney

A.Certain decisions relating to the conduct of the case are ultimately for the child client and other decisions are ultimately for the attorney. The child client, after full consultation with counsel, is ordinarily responsible for determining:

1. whether to admit or deny the charges in the petition;

2. whether to accept a plea agreement;

3. whether to participate in a diversionary program;

4. whether to testify on his or her own behalf; and

5. whether to appeal.

B. The attorney should explain that final decisions concerning trial strategy, after full consultation with the child client and after investigation of the applicable facts and law, are ultimately to be made by the attorney. The client should be made aware that the attorney is primarily responsible for deciding what motions to file, which witnesses to call, whether and how to conduct cross-examination, and what other evidence to present. Implicit in the exercise of the attorney's decision-making role in this regard is consideration of the child client's input and full disclosure by the attorney to the client of the factors considered by the attorney in making the decisions.

C. If a disagreement on significant matters of tactics or strategy arises between the lawyer and the child client, the lawyer should make a record of the circumstances, his or her advice and reasons, and the conclusion reached. This record should be made in a manner that protects the confidentiality of the attorney-client relationship.

Notes

La. Admin. Code tit. 22, § XV-1307

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2600 (September 2011), Amended LR 45404 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148