AG 2007 01 22 - Laserfiche WebLink

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move a case along in a reasonable time period. The agency attorney should ensure that the court is notified of the settlement so it can adjust its calendar accordingly. 12. Develop a case timeline and tickler system Action: At the beginning of a case, the agency attorney and caseworker should develop timelines that specify what actions should be taken and when. The attorney should keep federal and state laws in mind. For example, under the Adoption and Safe Families Act, the attorney will need to ensure that a permanency hearing occurs at 12 months and will need to file a termination of parental rights petition when the child has been in care for 15 of 22 months, unless certain exceptions apply. The attorney should know when the 15 month point is and whether any exceptions apply. if exceptions apply, the attorney should have a tickler system to revisit whether the exceptions continue to apply at future permanency hearings. Additionally, the agency attorney should develop a tickler system or a plan for remembering the timelines. Commentary: Agency attorneys handle many cases at a time and must be organized to juggle them all. A good calendaring system, implemented at the beginning and used throughout each case, can help the attorneys better manage their cases. The agency attorney shares a responsibility with the agency for keeping deadlines in mind and moving a case forward. 13. Subpoena and prepare all witnesses, including the client Action: The agency attorney should develop a witness list well before a hearing. The attorney should, when possible, call the potential witness to determine whether the witness can provide helpful testimony, and then, when appropriate, let them know a subpoena is on its way. The attorney should also ensure the subpoena is served. Attorneys should set aside time to prepare all witnesses in person before the hearing. Some witnesses may require written questions. These should be provided when needed. Additionally, the agency attorney should counsel the agency on its obligations when agency staff are served with subpoenas by opposing parties. Commentary: Preparation is the key to successfully resolving a case, either in negotiation or trial. The attorney should plan as early as possible for the case and make arrangements accordingly. The agency attorney should consider working with other parties who share the agency's position (such as the child's representative) when creating a witness list, issuing subpoenas, and preparing witnesses. Doctors, nurses, teachers, therapists, and other potential witnesses have busy schedules and need advance warning about the date and time of the hearing. The agency attorney should do whatever possible to minimize the time a witness must spend in court, such as requesting a time certain hearing or arranging for the witness to testify on speakerphone from his or her office. 11 ~ ~ ~-~.