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University of Michigan Law School

Legal Profession

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Rule 1.14 of the Model Rules

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Full-Text Articles in Law

Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie Jan 2016

Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie

Book Chapters

The role of the child's attorney is unique in American jurisprudence and not yet clearly defined by law or tradition. There is an emerging consensus, however, that children in dependency cases should have lawyers and those lawyers should be as active and as involved in their cases as are lawyers for any other party in any other litigation. Although state law and policy makers differ as to what voice the child should have in determining the direction and goals of the litigation, that is, whether the child's lawyer should represent the best interests of the child as determined by the …


Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie Jan 2010

Representing Children And Youth, Donald N. Duquette, Ann M. Haralambie

Book Chapters

The role of the child's attorney is unique in American jurisprudence and not yet clearly defined by law or tradition. There is a growing consensus, however, that children in dependency cases should have lawyers who are as active and as involved in their cases as are lawyers for any other party in any other litigation. Yet there continues to be confusion and debate over the role and duties of the lawyer, particularly as to what voice the child should have in determining the direction and goals of the litigation. Policy makers have differed as to whether the child's lawyer should …


Representing Children And Youth, Donald N. Duquette, Marvin Ventrell Jan 2005

Representing Children And Youth, Donald N. Duquette, Marvin Ventrell

Book Chapters

Quality legal representation of all parties is essential to a high-functioning dependency court process. Quality legal representation of children in particular is essential in obtaining good outcomes for children. An adversarial court process that depends on competing independent advocacy to provide information will not produce good outcomes for litigants who lack competent advocates. Dependency court decisions are as good as the information on which the decisions are based. In order to promote the welfare of children in dependency court, therefore, children must be provided with competent independent legal representation.