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• political agendas may play a large role in decision-making; <br />• the agency as a whole may not be getting legal advice on policy issues; <br />• the attorney's personal beliefs about issues such as permanency rather than <br />caseworker expertise dictate what will happen for a child; and, <br />• potential conflicts of interest may arise, such as when the prosecutor is pursuing a <br />delinquency petition against a child who is in the agency's custody.4 <br />Commentary: No matter what model of representation, it is essential that the agency <br />attorney and agency communicate clearly about which model applies. Each should <br />understand who makes the ultimate decisions in different circumstances and there should <br />be a method for resolving a decision making conflict, should it arise. In each model, <br />there will be times when decision-making roles are unclear and open communication is <br />essential. The agency attorney and agency should understand the attorney's role and <br />responsibilities concerning advising and protecting the agency on liability issues. <br />Additionally, no matter which representation model is used, the agency attorney must <br />understand his or her role with respect to private agencies with whom the agency <br />contracts. The most important issues are that children are safe, their needs are met, and <br />their families are treated fairly. <br />The drafting committee of these standards recommends the agency representation model. <br />However, state legislation may dictate what model each attorney must follow. States are <br />cautioned against developing hybrid models which incorporate elements of both the <br />agency model and the prosecution model of representation because of the inherent risks <br />of conflict such hybrid models could create for attorneys. These standards apply to all <br />agency attorneys, no matter what model they use for representation. <br />B-2 Basic Obli atg ions: The agency attorney shall: <br />Generals <br />1. Fully understand and comply with all relevant federal and state laws, <br />regulations, policies, and rules; <br />2. Promote timely hearings and reduce case continuances; <br />3. Protect and promote the agency's credibility; <br />4. Cooperate and communicate on a regular basis with other professionals and <br />parties in a case, including the client/agency;6 <br />Advise and Counsel' <br />5. Counsel the client/agency about all legal matters related to individual cases as <br />well as policy issues and periodically monitor cases; <br />Court Preparations <br />6. Develop a case theory and strategy to follow at hearings and negotiations; <br />7. Prepare or help prepare the initial petition and all subsequent pleadings; <br />8. Timely file all pleadings, motions, and briefs; <br />4 <br />`; <br />~i -~..A <br />