Laserfiche WebLink
Commentary: Delay in cases slows permanency for children. The agency has a <br />duty to ensure that children do not linger in foster care, and the agency attorney <br />must assist the agency meet this duty. Requesting or agreeing to case <br />continuances should be unusual rather than routine practice. <br />3. Protect and promote the agency's credibility <br />Action: The agency attorney should work with the agency to bring only <br />appropriate cases to the court. The agency attorney should not file frivolous <br />motions or appeals and should counsel caseworkers concerning the legitimacy of <br />positions. The agency attorney should present cases to the court in a professional, <br />knowledgeable manner. The agency attorney should ensure accurate testimony <br />and correct any misstatements in the courtroom. The agency attorney should <br />present a positive image of the agency at community functions and meetings. The <br />agency attorney should be respectful of caseworkers in the courtroom and in the <br />presence of other professionals and parties in a case. <br />Commentary: The agency must abide by confidentiality laws, and therefore must <br />keep some information private. Without that information, the public may blame <br />the agency on issues concerning controversial cases. Similarly, the agency may <br />make unpopular decisions that it views are in the best interest of the children in <br />the community. The agency attorney should do everything in his or her power to <br />demonstrate the positive aspects of the agency. The agency attorney must <br />thoroughly understand the attorney client confidentiality issue and work diligently <br />to avoid divulging confidential information. The agency attorney should guide the <br />agency to avoid steps that will make it look bad in court and the attorney should <br />protect the caseworkers from humiliation by the judge or other attorneys. <br />4. Cooperate and communicate on a regular basis with other professionals <br />and parties in a case, including the client/agency <br />Action: The agency attorney should have regularly scheduled opportunities to <br />meet with caseworkers and other agency staff. Agency attorneys should treat <br />everyone involved in a case with professional courtesy and should work with <br />everyone to resolve conflict. The agency attorney should have open lines of <br />communication with the prosecutor of related criminal matters. This can be <br />important, for example, in ensuring that probation orders and disposition orders <br />do not conflict, and, where appropriate, are mutually reinforcing (e.g., a visitation <br />order in an abuse and neglect case should not contradict a stay away order from a <br />criminal court). <br />Commentary: The agency attorney must have all relevant information to <br />effectively try a case. This requires open and ongoing communication with <br />caseworkers and other witnesses. The agency attorney is often the actual or <br />perceived representative of the agency and should present him or herself in a <br />7 <br />i e+ ,, <br />