OBTAINING GOOD LEGAL COUNSEL: A PRIMER ON BECOMING THE MODEL LEGAL CLIENT
Personal note from the author:
This is a long article, but one which you will (hopefully) find invaluable if you are caught up in a CPS nightmare. It contains core principles I've developed as I've learned about the legal system (from a layman's perspective and exhaustive study) over a span of decades while helping over 1300 families in the US and Canada. As with all my articles, this comes from my heart and my experiences, so don't confuse it with legal advice. It is my humble opinion only.
I personally believe that many attorneys get a bad rap when it comes to the court of public opinion. Most of them had a burning desire to help people when they began their field of study. Most of them still feel that way and are truly desirous of helping families stay together. ALL of them cringe when a client shows up claiming they know everything they need to know about the law and proceed to dictate their job to them. Even if you think you know it all, be courteous in your presentation. First impressions are everlasting. 
You can make or break your case during the very first meeting!
In general, attorneys are one of the least understood and most highly scrutinized professions. Court appointed attorneys are even more misunderstood and overworked than their highly paid counterparts. If they are experienced in dealing with CPS issues, have a heart and realize just how pressured they are by each and every client. Make it your mission to be the MODEL CLIENT. If nothing else, you'll get a lot more respect than other clients who are cranky, irritable and (more often than not) downright unreasonable.
Before you go off on your own (i.e., "pro se" or "sui juris") because someone said you can do it "easily," understand one thing. There is nothing EASY about representing yourself. Even in general, when it comes to the law and you, you are personally involved and you can't possibly be totally, 100% rational. When it comes to your family and your children, nothing is more sacred and you are already in hot water if you think you can remain "impartial." Then keep in mind that representing yourself is foolish in the eyes of a Judge. Thus, you know you're starting out with an uphill battle to gain credibility with any Judge who holds the key to your family's future. That is precious time you don't have to spend trying to mend your family or keep them together.
Additionally, attorneys didn't go through rigorous training and the dreaded "bar exam" for nothing. There were reasons for that training and that exam, none of which you will understand if you are a beginner to the laws of this country, your state and/or your locality. Finally, understanding your attorney's role in your life is crucial if you are going to survive the horror of a false allegation of child abuse.
I'll be the first one to say that all attorneys are not created equal and some times, you'll be faced with a decision to either fire your attorney and find a new one or go it alone. Take it from me, the first option can sometimes be disastrous but the second DEFINITELY WILL BE detrimental to your legal health, so read on and decide for yourself how to proceed when it comes to your legal advocate.
This article is written with the understanding you are probably going through the worst kind of hell imaginable or you wouldn't be here (that, or someone you know is going through it). My heart goes out to you. If you keep the above in mind at all times, it will help you stay focused, which will, in turn, help save your family. Unfortunately, there will be no winners here. All involved, including the professionals, suffer some degree of distress when handling a child abuse case. Unless you are inhuman, there is no way to escape this sad fact. It's up to you to PROVE you can cut the mustard, endure this hardship and do it with some amount of dignity and grace.
Even so, YOU need to put your emotions aside for a while to learn the ropes and help keep your family intact. Knowledge is power. Learn how to be the "Model Client" and your family has a fighting chance for survival.
Good luck and God Bless you,
Carol
NOTE: This information is applicable to any attorney who may represent you whether private counsel or court appointed.
There was a time when I was foolish enough to think I could work within the legal system without benefit of an attorney. I muddled through the system (very, very slowly) and even effectively sued a government agency for putting my family through a living hell unnecessarily. To say the least, I was lucky because I never lost my child to the system. The worst part is I spent more time and energy than I should have/would have if I'd had an attorney from the beginning. The time lost with my family was far too much to ever be replaced. While I did learn many things, I learned far more than I ever wanted to about far too many unpleasant things in life that changed me forever.
In 1990, the system didn't allow court appointed attorneys for a private adoption or CPS investigations. Now, thank God, there is help for families in the adoption arena. Today, when it comes to CPS investigations, you are ALWAYS entitled to a court appointed attorney if you can't afford one for yourself. Either way you obtain legal counsel, you have obligations and responsibilities towards your attorney that the average man isn't aware of. While experience may be the best teacher, this is not the time to be "learning the ropes" while your family suffers at the hands of CPS.
While I'm an avid advocate of saving families from unscrupulous agencies and social workers, I have learned one thing. Your attorney can be your knight in shining armor or the ruination of your family. Only YOU hold the key to which path they will take on your behalf.
Understand how valuable your attorney is:
Your first duty is to understand that your attorney is the singular most important and necessary professional you will encounter in the the child protection system. Without a good attorney, you won't make it five inches in the system without many months of research, education and planning regarding not only the legal system, but the child welfare system, the mental health system (including both child AND adult psychiatry/psychology), sociology, politics and knowing quite a bit about medical science as well. Couple that with the rules and regulations of each of the above professions PLUS your local court system and how "they" work and play together plus needing to know all the particular "locals" involved in your case, you've got a whole lotta' learnin' to do if you want to insure you get a fair shake in "the system." From the personal experiences of many, it is my humble opinion you're better off to leave it to the professionals. The sooner you understand that, the better off you will be. This is NOT to say you won't be involved and you don't need to learn all the above. But knowing it will help you succeed a bit more quickly.
Next, you need to learn what YOU need to do to survive this ordeal. If you are enmeshed in this system, it is imperative that you know how to work with your attorney or you won't get past your front doorstep. In fact, how you interact with your attorney can affect your representation with him/her PLUS every lawyer in your area should you decide in haste (or not) you need to fire him/her. Knowing the rules, the legal system and what's at stake up front may save your family countless months of separation and potentially thousands (most likely hundreds of thousands) of dollars down the road.
Learn the basics before meeting with your attorney:
First and foremost, you have the right to have ALL your rights and interests represented, EVEN by a court appointed attorney. IF your court appointed attorney is not doing his/her job, you have the right (after taking appropriate measures to correct the situation) to fire him/her and demand a new one. You may have to go through several before your interests are served, but if you follow a few simple rules, you probably won't need to fire anyone. As much as you may think you know all you need too about the law, you don't. It takes years to learn every subtle nuance and how to work this system. It takes even more years to gain a decent reputation as a lawyer (credibility is everything in this) and a solid working relationship with the people in and of the system itself. Don't sell yourself or your family short over money or pride.
All attorneys are bound by the state bar associations' "Ethical Rules and Professional Responsibilities." They are all online. Here's a link to Other Legal Ethics and Professional Responsibility Pages from the American Bar Association by State. It's a good place to start and you should know these things by heart.
Next, you have a primary obligation to your attorney to be clear what their role is and understand what they are/are not required to do to represent you. This single item is the worst, most common mistake people make with their attorney. Keep in mind two things. Your attorney is your advocate in a court of law, not your friend who tells you what you want to hear. You can't have both and win in court so don't mix the two. If you are fortunate, like I am, to have a friend who is your attorney, pull back from the friend part a little and give your attorney room to work with you. Don't expect favors and don't press him/her for more time than is absolutely necessary until AFTER the case is over. There's plenty of time to socialize AFTER he/she wins your case.
We are assuming, for this article, that you are NOT guilty of child abuse. If that is so, ALWAYS be honest about everything with your attorney. This is not the time for modesty, so leave nothing out, even if it's a bit embarrassing. I'm not saying offer up your life story, but don't lie by omission to your advocate. They are bound by attorney/client privilege and what they do NOT know CAN and most probably WILL hurt YOU in a court of law. Attorneys don't like surprises, they don't like surprises, and if you forget, they do NOT like surprises in court. They can't defend that which they don't know about and you don't have the right to "play them." Usually, they are smarter than you give them credit for. Remember that always.
Sometimes, they'll make you do things you don't want to do. It's okay to ask why and the good ones will explain. Either way, DO WHAT THEY TELL YOU. If you don't listen to their advice, they won't be so keen on "helping" you through this. Use common sense and logic. Obviously, if you are asked to do things which are illegal, immoral, outrageous or uncalled for, you will need to take action. Chances are that isn't going to happen. Most attorneys want to keep on practicing. If something seems wrong or "off," write down your point of view briefly (if possible) and clearly, laying out the pros and cons of what he/she is asking. Send it to your attorney for review and then schedule a meeting to discuss things. Sometimes they forget key facts or they're used to "going with the flow." If you lay it out for them, they usually agree (provided you are making sense, which is sometimes NOT the case). Be open to their opinion, keeping in mind they are trained for precisely what you need from them.
Finally, expect your attorney to be blunt and to the point. Don't ask them to soft soap the issues with you or to handle you with kid gloves. If they are anything less than candid, you've got the wrong one! Realize they are working for you and not against you, even when it hurts. Realize no one is perfect, not even you. There will be things you need to correct. Be happy you have someone to point it out before CPS gets hold of anything negative (and they WILL do that). Fix it before it's an issue, not after the fact. That's the only way to stay one step ahead of them and your attorney knows this better than most.
Know their boundaries:
The key to your case is recognizing just exactly what "your interests" are. They are separate from your child's interests and you need to know that your attorney recognizes this as well. While YOU believe your child's interests and yours are the same, in law, they are not.
Make sure your attorney is representing YOUR interests and leave the interests of your child to the court appointed guardian-ad-litem (child's attorney). If there is no guardian ad-litem, see to it your attorney asks for one in court immediately. From that point on, work with both attorneys as a team player. It will make both of their jobs much easier, things will go more quickly and smoothly and you'll look more favorable to the court.
There are a few attorneys who will assume your guilt no matter what you say. You will probably know from your first meeting whether your attorney is interested in defending your interests or is a "rubber stamper" for CPS workers. If it seems that your attorney is a "child sympathizer" or doesn't CLEARLY have YOUR interests in mind, discuss it openly and honestly. If your gut tells you they aren't going to help you, run, don't walk to the court and have them fired immediately. Get a new one quickly and don't be afraid to tell the court WHY you are doing this. DO THIS IN WRITING to the Court. I can promise you, if you don't, it WILL come back to haunt you at the most inopportune moment.
Know the laws as they apply to your particular case:
One of the golen rules of law is that you are supposed to know your rights and responsibilities like every other "common man," so read up and learn what you need to know before you look to your attorney to "fix" everything in your life. Most adults (not all) have a good sense of right and wrong. If you are unsure about something, do your research FIRST, then ASK about it BEFORE you take any action. Attorneys don't like surprises (remember that?) and they'll try to keep you on the straight and narrow of what's expected of you. That's exactly where you need to be if you are reading this article due to a personal experience with CPS.
Sometimes, you might have to teach your attorney. Some times, you may need to get their attention and prove you are serious about your case, which leads us to your first task as a model client. One of your most important obligations to your family is to find out every CPS policy/procedure/guideline regarding your case. If you know more about CPS policy and procedure than the social workers, you will be invaluable to your defense. Scoff if you like, but I can promise you, these guys are going to break the rules. If you know the rules, you can stop an avalanche before it starts.
Keep in mind your attorney knows the law, not every policy of every social worker in the state. Laws are changing constantly and that is their forte. You can help by reading the CPS manual, then print out any policy or procedure that has been violated/overlooked/ignored.
Attorneys hate whiny clients. Don't be one. If there is a genuine issue with your social worker or their agency, provide your attorney with a copy of that policy, along with information, dates, times, and witnesses to the incident(s). He/she can work with that in court. They'll love you dearly for it. Call it charity work because all his/her clients will profit from it, not just you.
Know where to draw the line about being "pro-active" on your case and where you may infringe upon your attorney's talents. When in doubt, ASK.
Keep your emotions to a minimum:
Crying and complaining won't cut it with your attorney, so try to keep a stiff upper lip. Unfortunately, there is no room for emotion with the law. That's why we have lawyers. They can't afford to get emotionally involved in your case and you shouldn't expect them to. Being emotional is the very best way to lose your case, even a good case. Stay "cool, calm and collected" at all times with your attorney and everyone involved on your case. Your attorney isn't your Mom or your therapist and there's no room for that in their office. It takes up unnecessary time he/she can be using for your defense. The best you "should" expect is a box of kleenex to sop up the tears. Tears will be inevitable as it's your entire life under a microscope, and it's okay to cry. Just don't get hysterical or talk about "going postal" on CPS workers. Just say, "Excuse my tears, but I can get through this" and continue your conversation. Otherwise, you'll scare your attorney, and quite possibly, lose your credibility no matter how justified you may "feel."
Remember the above with your attorney and develop a thick skin and a no nonsense attitude. ASK what you can do to help yourself AND your attorney. You need to be knowledgeable and educated on everything within your power to help yourself. Make sure your attorney knows you will do anything/everything you must to get your family back together. Act like a team player and you'll be treated like one. Act like a victim and you're sure to be victimized.
Be nice, polite, professional and courteous, so they don't get ugly with you. Also, remember that you are (probably) only one case in tens, if not hundreds, they must deal with. Also remember every minute is billable, so don't waste their time. Put things in writing as much as possible. Keep things short, sweet and as simple as possible. Don't over complicate or over-dramatize things. Keep a journal of everything. Let your attorney know you have one. But don't, as in DO NOT, provide your attorney with your daily entries. They'll tell you what they need when they need it. They'll also tell you what to do with your notes if it gets out of hand. (That was my biggest mistake, so trust me on this!)
Know your limits but still treat your attorney like you would a dear friend. They are fighting for you. Appreciate it.
At some point in time, your attorney actually cared about other people and what they are doing, so don't jump to assumptions about their time. The best attorneys are the most overworked and least paid for their efforts. That's usually because they are good at what they do. Leave the sorting out of issues to them. They know what will fly and what won't in court. Don't second guess them about the small stuff.
If you are upset or dissatisfied, sometimes, all you need to do is give them a gentle nudge by making them aware that YOU are aware of what they must do and also that you are eager to assist them in any way you can. Give them an opportunity to correct things.
One important thing to remember is that the wheels of justice move slowly and CPS will attempt to bring them to a grinding halt. Your attorney is aware of this fact and will do what they can to prevent unnecessary delays. Crying and complaining won't make things go any quicker. The more cooperative you are, the quicker and easier your attorney can work to resolve things.
If you have lost your child, most likely, you will be impatient with the system. It is NOT your attorney's fault and they are not magicians. They have to work within the system also. Try to keep that in mind. It won't help you feel any better, but it will save your attorney untold grief in dealing with you and thereby help your case move along as quickly as possible and help save your family.
IF you are thinking about firing your attorney, talk to him/her BEFORE you do this. Be sure you are properly informed and that you are "right" before you have a conversation like this. It can make or break your case as they all talk to each other. Even in this arena, you can get a "reputation" as either a difficult client or an "informed" one.
If all of the the above information fails you and you've done everything you can to work things out with your attorney, you MAY need to FIRE him/her. BEFORE you fire your attorney, lodge an official complaint with the Judge and request a conference with you, the Judge and your attorney immediately. Be prepared on this one and make sure you are being rational and not "emotional." If you have been a "model client" you'll have adequate documentation to back you up. Often, there is a misunderstanding which can be cleared up with a conference. If you can't come to a meeting of the minds, request a new attorney, making it clear (in writing) that you want someone who can give adequate time to your case and represent you with "zeal." And don't equate "adequate legal preparation" for absolute, 1000% devotion to your case to the exclusion of everyone else. His/her others clients are just as important and deserving of their time as you are.
Above all, be CAREFUL who you trust with your family's rights and KNOW who/what you are getting before you make a decision. If you find out that your court appointed attorney is not doing their job, if they are in bed with CPS, or your gut tells you (upon rational thought) that something isn't going right, make a formal complaint to the court and to the bar. They are there to serve you. If you aren't being served, REPORT THEM! Too many reports and they are off the court's appointed attorney list, or worse, disbarred.
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