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Full-Text Articles in Law
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
The Lawyer As Caregiver: Child Client's Competence In Context, Peter Margulies
Fordham Law Review
No abstract provided.
A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec
A Judge's Ethical Dilemma: Assessing A Child's Capacity To Choose, Wallace J. Mlyniec
Fordham Law Review
No abstract provided.
Report Of The Working Group On Determining The Child's Capacity To Make Decisions, Peter Margulies
Report Of The Working Group On Determining The Child's Capacity To Make Decisions, Peter Margulies
Fordham Law Review
[Preamble] As with adults, a lawyer has an ethical obligation to advocate the position of a child unless independent evidence exists that the child is unable to express a reasoned choice about issues that are relevant to the particular purpose for which the lawyer is representing the child. Where such evidence exists, the lawyer must engage in additional fact-finding to determine whether the child has, or may develop, the capacity to direct the lawyer's action in the particular context.