Make Your Court-Appointed Attorney Work For YOU
Recently I introduced two site features: one, a place for people to post referrals to good CPS-fighting attorneys, and the other, a place for people to make a request for an attorney. Both posts have had good responses, yet I know without a doubt that most of the people asking for legal help will not find it by posting on this website. I’m sorry to say that, but it is true. There are few attorneys who are so hard-up for work to do that they’ll come here to pick and choose clients who are probably broke and looking for someone to work pro-bono (for free).
Get over the idea that you might find a good pro-bono attorney. It rarely happens. In the seven-plus years since I started this site I’ve seen it happen only once. An attorney represented a very high-profile case in Oregon AFTER the couple became so desperate they kidnapped their own children from state custody. That attorney lost the case and the couple has been imprisoned ever since.
The alternative to finding the dream-attorney is to take that court-appointed freebie do-nothing attorney the county provides, and make that person WORK for YOU.
The main problem with these court-appointed attorneys is that they are paid by the county; that same county that is your adversary in juvenile court. So how motivated can they be to go against the county and help you?
Turn the tables. Take charge of your case.
A way to control how your attorney handles your case is to decide, yourself, how you want it handled. Then sit down and write your attorney a comprehensive letter detailing exactly what you want to have done with your case.
A keyword to remember is proactive. YOU take the lead. Rather than REacting to what others are doing to you, start thinking ahead to what your next move should be. Keep your attorney informed with a series of letters.
Remind this person, your attorney, that you are the client and you need and demand request the attention your case deserves. If your attorney doesn’t do the things you request, that person is setting himself/herself up for a legal malpractice lawsuit. But if you don’t set forth your requests in writing, there’s no proof you asked for anything in particular to be done.
Let’s face it. These court-appointed attorneys are known for what they don’t do. They often meet a client at the door on the way into the courtroom. They look through the case file as if it were the first time they’ve seen it, trying to orient themselves to what’s going on. Of course there’s no time for them to do any type of adequate defense of the case. They don’t know you, your children, or your situation. They don’t know the truth and don’t know who’s lying. And it seems they just don’t care.
My apologies to all court-appointed attorneys who don’t fit this description, but I’m sure you know that these are the facts about many if not most court-appointed attorneys in juvenile law cases.
You have to do something to get a dead-beat court-appointed attorney’s attention. Writing letters is the way to go. It puts them on notice that (1) you have some legal knowledge, (2) you want your children back, (3) you want a better quality of representation than they are giving to most clients.
If I were to write a letter to an attorney in a new CPS case, it might go something like this:
You have been appointed to represent me as an attorney in the county juvenile court. Be on my side; I need your help. I am fighting for the release of my three children from state custody. I am innocent of any wrongdoing. The caseworker made assumptions about me that are false. My children need to be at home with me, for their well-being - mentally, emotionally, and physically.
While you are my attorney, please keep in mind that you are working for me, not for the county that pays you. As my attorney I expect you to give me the best legal representation available. I therefore request face-to-face meetings with you at least once monthly to make sure you are actively working on my case, and not letting it slide between the cracks.
I understand that many court-appointed attorneys tend to simply guide parents through the juvenile court system, advising them to plead guilty to charges to make things easier for everyone else in the courtroom. This is not the kind of representation I’m requesting. I’m asking you to be actively involved in proving my innocence.
I’m hereby asking that you take my case to trial and make the caseworker prove all charges. Since they are false charges, I think it would be in my best interest, and the best interest of my children, if I were to fight to prove my innocence with a full trial. Do not under any circumstances ask me to plead guilty to false charges against me.
As you know, parents involved in CPS cases have to complete a ’service plan’ yet many do so and still do not get their children returned. I would like to avoid doing any kind of ’services’ and request that you refuse all services, and/or force the caseworkers to prove the need for any services requested. I do not want to be in the position of many parents in these cases forced to have psychological evaluations when there is no evidence of mental illness, or forced to do drug testing when there’s no evidence of drug abuse. Please honor my request, protect my best interests, and see that my time is not wasted by unnecessary court-ordered ’services’. Of course they would also be a waste of taxpayer money. Do everything you can to resist these services in my case. As you are my attorney I’m trusting you to fight these issues individually and fiercely.
I expect you to be 100% aware of what is happening with my case at all times, and to inform me immediately of any changes.
I expect you to obtain and share with me a complete copy of the case file including all case narratives.
I expect you to help me compile substantial evidence to prove my innocence in this case by preponderance of the evidence.
I expect you to produce legal paperwork including a complete response to all caseworker reports, declarations supporting my side of the case, and other documents as needed, and to present those documents to the judge or juvenile court referee who hears our case.
I expect you to do everything you can to prevent my name from being included on the central index, blacklisting people from working with children. I am innocent and my name should not be included on that list.
Please respond to my requests in writing within ten days; I will need your written response for my records in this case.
Sincerely,
Name of Client
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NOTE: Some of these suggestions are for people with NEW cases; if your case has gone beyond the initial phases your needs will be different. Don’t just copy what I wrote; put these ideas into your own words. TYPE your letters. MAKE COPIES FOR YOUR RECORDS and keep them in a safe place.
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Comments? I would like to get other ideas from the people reading this on what could be included in letters to attorneys. What do you want from your attorney? Let’s brainstorm this and come up with some great ideas that people who come here in the future will be able to benefit from. Are there any phrases all letters should contain? Anything you think we shouldn’t ask the attorney?
Questions for Newcomers
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Here is a link on effective documentation:
http://www.childwelfare.gov/pubs/usermanuals/cps/cpsl.cfm
Here is an outline for Legal and Judicial issues:
http://www.childwelfare.gov/pubs/usermanuals/courts/appende.cfm
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Comment by Janet Ramsey — August 21, 2007 @ 5:47 am
In 2005, The ABA drafted a set of ethical guidelines for Parent Attorneys.
Like all “guidelines”, they are suggested, but not often followed. But, it is worth mentioning that the American Bar Association at least acknowledges some of our complaints, and acted accordingly. I happen to know one of the attorneys who helped draft this.
Go to http://www.abanet.org/ and look for Parent Attorney in Cases of Abuse and Neglect.
It runs to 44 pages, but you can print out the highlights and give/e-mail them to your attorney. Hard to come back against something like that.
I have seen letters which include the instruction that the attorney is NOT to talk with CPS without the parent being reuqested to be present.
I have also seen a demand that if the attorney at any time fails to believe the parent is innocent, the attorney should notify the parent and leave time for a motion to dismiss the attorney.
One more thing. I have seen in a parent’s letter that all case workers or GAL who will testify during the hearing be asked to do so under oath.
Comment by K. — August 21, 2007 @ 11:23 am
Thank you Janet and K.
Excellent suggestions.
One phrase that might be needed in our own PARENT GLOSSARY should be
LEAST RESTRICTIVE ENVIRONMENT: Copied from Special Education Federal legislation, this terminology refers to the fact that a child is supposed to placed with family.
Naturally, a known member is far less intimidating to a child.
Linda, may I suggest that we make up a list of our own phrases which should be adhered to by cw.
For example: DELIBERATE INDIFFERENCE—which was cited in Bramm holding where foster children were subjected ( willy-nilly) to random moves. LItigation was successful based solely on the facts that one little girl was moved 14x in FC. Also, that cw’s routinely and with DELIBERATE INDIFFERENCE MOVED KIDS.
We also need a link to cases which we have annotated with our own understandings of the legal thinking involved.
Thanks! Great thread!!
I hope folks read the atty recommendations cited.
Best to all. F.
Comment by fern — August 21, 2007 @ 2:45 pm
Here’s the direct link to the document K told us about:
http://www.abanet.org/child/clp/ParentStds.pdf
Very helpful!!! Thanks K… I’m sure that when followed, these guidelines from the ABA will help families prevail in court more often. I didn’t know about this document and am thrilled to see that the ABA has responded to the needs of parents in this way.
Comment by Linda — August 21, 2007 @ 5:20 pm
Janet - great links!! I especially like the one that explains everything that should be in a CPS case file. It will help people itemize what they need, and understand the contents.
And Fern (my old friend - we’ve been fighting CPS together for a long time now) … you brought up an important issue with the ‘least restrictive environment’ for the children. That’s something people can ask their attorneys to address in court, in their letters.
I’m so impressed with the responses to this thread. I’m sure these ideas will really help people who are working through CPS cases.
Comment by Linda — August 21, 2007 @ 5:37 pm
It was from this site that we learned about doing Declaration of Facts and Omissions and Corrections forms.
Our attorney kept ignoring this issue when we brought it up. This is an important issue to be made clear to the attorney. You have this right and s/he should see to it that you file this vital information.
Fortunately we found out that if you are going to be a witness then you can file this. My husband was going to be a witness in our daughter and granddaughter’s hearing. Therefore, we boldly went and filed our forms much to the dismay of the attorney.
Our daughter, with the help of our lawyers para legal, filed her forms.
This is crucial in the beginning of your battle with the courts and cps.
The para legal informed us that cps gets to give their side first which we all know takes months and months before you can present your side. By then it is too late; the judge has made up his/her mind.
These forms let you present your side during the whole process from beginning to end.
The other reason you need to do this is so that everything is filed in case you want to sue. You cannot bring up any facts if they are not already filed.
We all know not everything gets said in court due to time constraints.
Comment by Ruth — August 21, 2007 @ 5:50 pm
Thanks Ruth… I’m glad to hear that the documents here helped your family win that case!! I learned about the Omissions and Corrections form while I was protesting CPS at the Tulare County Courthouse (CA) in 1991. An attorney stopped to talk to me and said he’d filed this for his client. Later the client came to us with all her information and we did a three or four part series on her case in the local weekly newspaper. So you can thank that attorney, I think his name was Stevenson, for this idea.
Anyhow.. that’s a great idea, to include in the letter that these forms must be filed.
Think about it everyone (if you haven’t already) . . . since the standard of proof in a CPS case is “preponderance of the evidence” . . . if the only “evidence” is a caseworker’s report, and the CPS client files nothing, who is more likely to win in court? That’s what has happened in a lot of these cases! So to win, you must compile evidence and write legal documents.
Comment by Linda — August 21, 2007 @ 6:03 pm
Thank you for this excellent article. I intend to reproduce it on the website “ACS Must Be Stopped.”
Comment by Eugene Weixel — August 23, 2007 @ 8:12 pm
Eugene, thank you, and that will be fine. Please include a link back to this page. Also thanks for all the work you’re doing to protest ACS failings on your website: ACS Must Be Stopped.
Comment by Linda — August 23, 2007 @ 9:07 pm
Eugene:
Jst to say hi and keep the heat on them up there in NYC. An insider’s views such as yours must be seen as treason, but you have my abject respect for the work you are doing.
Comment by K. — August 23, 2007 @ 9:57 pm
i need help whit my cps case
Comment by alma — August 24, 2007 @ 3:30 pm
Alma:
My suggestion is that you join the message forum.
Comment by K. — August 24, 2007 @ 8:20 pm
this is very well prepared. i wish i would of found this first. thank you so much.
Comment by kwanie — August 26, 2007 @ 8:44 am
hi like every thing but the part about spinding the tax payers money come on thats one ov the things thay live off ov do you really think thay think about what one person pays an it all adds up to a pay check to thim an taxes comes out ov every one evin thim so all thay are doing is geting there money back if you add it up in taxes so forget about the taxes thay pay i pay every one pays but it does not go to good it goes to those fat asses coplaning there stake is not maid right an thay pay taxes on that meal what dont bring taxes in on an age old debate we all pay we all lose
Comment by melony — August 27, 2007 @ 2:20 pm
oh wait did not alot ov tax money go to help a naboring state in hericane catrina so how could taxes help a native of this state whin there over bugeting us to help some one else so where does eny money go that we pay an why cant we have a say we do pay thats the law kindness is filled with doller bills ov tax payers an right now im not filling to kind i want to say why me but realy why eny body
Comment by melony — August 27, 2007 @ 2:33 pm
i am dealing with cps in 2 states, state #1 is the state i am in, were my exboyfriend/ 2 of my 4 kids father and i went to court in 1998 about childcustody (we have joint cusody except i am mc and have a few more rights then him) after we broke up.
state #2 is were my childs father lives and was convicted for beating my child while she was on a visit, my lawyer is in state #2, my court appointed lawyer ask me if i approve t state #2 haveing juris. and i say no and he hangs up, and will not talk to me about anything else! my court appointed Attorney, D.A.’s office, and the judge are all in state #2 and the only thing they will talk to me about is juris. everytime i say no i do not approve! what can i do or can any one help me solve this problem?
Comment by jennifer — November 3, 2007 @ 11:20 am
I AM FIGHTING TO GET MY SON BACK,HE IS 5YEARS OLD,I HAVE DONE ANY AND ALL THERE SERVICES THEY ASKED AND STILL THEY HAVENT RETURNED HIM,I AM A GRADUATE OF DRUG COURT,I VE BEEN CLEAN ALMOST TWO YEARS,I MADE A MISTAKE BY BELIEVIN MY EX. WAS CLEAN AND SOBER,THEY RAIDED MY HOME ,FOUND THINGS THAT I HAD NO KNOWLEDGE WAS THERE,I WENT AND DID THREE DRUG TESTES IN A WEEK TO PROVE THAT I WAS CLEAN AND SOBER,I AM FEARING THE TIME FRAME THEY GIVE YOU TO PROVE IM A GOOD PARENT,THEY DID NOT PUT MY SON INTO OUR PARENTING CLASS WHEN I HAD US ENROLLED.IT WAS 4 MONTHS LATER,WHAT DO I DO?I HAVE COMPLIED WITH EVERY THING AND THEN SOME AND THEY STILL HAVENT GIVEN MY SON BACK…IF I HAD MONEY TO PAY FOR A PRIVATE ATTORNEY I TRULLY BELEIVE IN MY HEART THAT MY SON WOULD BE HOME WITH ME WHERE HE BELONGS. ANY HELP WOULD BE WELCOME AND GRATEFUL THANK YOU A HEARTBROKEN MOM. MICHELLE MCDANIEL SPOKANE,WASHINGTON
Comment by MICHELLE MCDANIEL — January 1, 2008 @ 6:52 pm
Hi…I hate to burst anyone’s bubble, but if you think that the above correspondence will do anything other than put your attorney on the defensive, you’re mistaken. I represent many parents and children in state custody proceedings. These are complicated matters, to say the least. This proposed letter assumes that your new court-appointed attorney essentially has no other cases of any significance, which is laughable, as I’m sure you would realize. If you insist on representation to this degree, go borrow 25-35k and buy a few months of an attorney’s time and lay out your “demands” to him or her. If you buy a $200 car you should expect perfomance relatively commensurate with your investment; if you drop $40K on a car you expect something altogether different. Why do you think the provision of legal services is any different? Are you that naive?
Comment by MH — April 9, 2008 @ 5:26 pm
Oh, and one other little ditty: go to trial on the issue of parental unfitness after refusing to comply with a service plan and watch your kids be adopted. This is evidence of unfitenss in many states. Do what you wish, obviously, but don’t blame your lawyer when the crap hits the fan. Your an adult, not a child; effective assistance of counsel does not mean that your lawyer is omniscient, particularly when you are your own worst enemy. Grow up, gang.
Comment by MH — April 9, 2008 @ 5:33 pm
MH - everyone has the right to proper (aggressive) representation regardless of how impoverished they may be. The fact that you think they don’t have that right shows what kind of attorney you are. The letter is INTENDED to put bad lawyers on the defensive and make them THINK that maybe they could be sued if they don’t do the right thing.
Anyone who has ever been to juvenile court with a do-nothing public defender will know exactly what I mean.
Comment by Linda — April 13, 2008 @ 8:05 am
About “refusing to comply with a service plan” - I do not recommend that parents refuse to comply. What I recommend is that their LAWYERS should bring issues about the plan to the judge’s attention and let him know when certain aspects of the service plan are inappropriate, unnecessary, and a waste of taxpayer money. As a LAWYER, that is YOUR DUTY. You are supposed to represent your client, not the county that’s making money hand over fist with social security reimbursements by demanding unnecessary “services”.
Comment by Linda — April 13, 2008 @ 8:12 am