AG 2007 01 22 - Laserfiche WebLink

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Witnesses are often nervous about testifying in court. Attorneys should prepare them thoroughly so they feel comfortable with the process and the questions they will likely be asked. The agency attorney should know what the witness will say on the stand. 14. Ensure proper notice is provided to all parties and necessary caretakers Action: The agency attorney should either send proper notice to parties and caretakers from the attorney office, or ensure that it is being done by the agency or court. Commentary: ASFA requires that foster parents and relative caretakers receive notice of all review and permanency hearings. Parties to the case must receive notice of court hearings and motions filed with the court, such as TPR petitions. As the moving party in most proceedings, the agency has a duty to ensure this requirement is implemented properly. Since it is a legal obligation, the agency attorney should be directly involved. The agency attorney should ensure whoever is providing the notice provides it to noncustodial parents and any man who may have paternity rights to the child. C-4 Hearings: 15. Attend and prepare for all hearings Action: The agency attorney should attend and prepare for all hearings and participate in all telephone or other conferences with the court. Commentary: If the agency is to be well represented, the agency attorney must be prepared and present in court. Even in jurisdictions in which the agency attorney represents the state, the attorney must be active in all stages of the court process to protect children and ensure their safety. In some jurisdictions a nonattorney representative from the agency appears in court on uncontested matters. In such a jurisdiction, there should be a system in place for a caseworker to request legal assistance before court, and an attorney should be available if the case becomes complicated. Even if the agency attorney has taken these precautions, it is possible that an unauthorized practice of law issue may arise from this practice. 16. Prepare and make all appropriate motions and evidentiary objections Action: The agency attorney should make appropriate motions and evidentiary objections to advance the agency's position during the hearing. If necessary, the agency attorney should file briefs in support of the agency's position on evidentiary issues. The agency attorney should preserve legal issues for appeal. Commentary: It is essential that agency attorneys understand the state's Rules of Evidence and all court rules and procedures. While there are many circumstances in which cases settle through alternative dispute resolution or during the pretrial 12 _~ `~