ATTORNEY CONTRACT STRATEGIES - For maximizing legal representation in child protective proceedings
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04/14/2022
ATTORNEY CONTRACT
STRATEGIES
For maximizing legal
representation in child
protective proceedings
April 14, 2022
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WHO HAS CAREFULLY REVIEWED THE
LANGUAGE IN YOUR PROTECTIVE
PROCEEDINGS ATTORNEY CONTRACT
AGREEMENTS IN THE LAST ONE, TWO, FIVE,
OR TEN YEARS?
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04/14/2022
IF THE LAST TWO YEARS HAVE PROVEN
ANYTHING, IT IS THAT CHANGES THROUGHOUT
OUR COURT SYSTEMS WILL CONTINUE TO
OCCUR AT LIGHTNING SPEED!
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Pre-Planning is Crucial to Having the Flexibility to Modernize Court Programs
1. Review attorney contract at least six months before it expires.
2. Discuss with county administration the importance of any changes
and why, even if costs increase, they are necessary.
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CONTRACT LANGUAGE TO CONSIDER USING
IN YOUR NEXT ATTORNEY CONTRACT
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TECHNOLOGY REQUIREMENTS
• Court rules require attorneys to be efficient in use of
new technology such as Zoom.
Each attorney must be technologically capable and able
to attend Court proceedings remotely by video and
audio through Zoom or other video-telephone services,
or any other remote means as determined by the Court.
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MAINTAIN WORKING
EMAIL AND
CELL PHONE
Each attorney must maintain a
working e-mail and cell
phone in order to be
contacted in case of
emergency.
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ATTORNEY COVERAGE LANGUAGE
The contract group is responsible for
vacation or attorney conflicts rather than
the court being responsible for
providing attorneys for hearings.
Arrange attorney coverage at
any proceedings that they are
unable to attend due to
vacation, illness, or other
conflict.
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PRE-PETITION LEGAL ASSISTANCE
Language requiring contract attorneys to participate in
pre-petition legal services. It is critical to have such
requirements in the parent-attorney contract prior to
starting these programs.
A ‘proceeding’ may also include pre-petition matters
requiring legal representation in an effort to prevent the need
for filing a formal petition. 9
NON-CONTESTED FOC FILINGS/AGREEMENTS
Language requiring parent attorneys to work together to prepare and file
non-contested custody/parenting time agreements to allow for NA case
closure.
To represent the Client in any non-contested custody, probate, or related
ancillary legal matter by facilitating the completion of necessary documents
and orders in said ancillary legal matter, when completion of the ancillary
legal matter will expedite closure of a child protective proceeding.
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MEDIATION PARTICIPATION
Language requiring attorneys to represent clients in NA mediation throughout the cases.
Representation will also
include participation and
attendance at anticipated
court ordered mediation.
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PARENT ATTORNEY SOCIAL WORKER
PILOT PROGRAM
To participate in at least one scheduled training
opportunity per year to be conducted jointly with the
social worker contracted with Berrien County to assist
counsel representing indigent parents.
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PARENT/GAL ATTORNEY ATTENDING FTM
MEETINGS
To attend periodic
meetings of
participants in
neglect and abuse
proceedings.
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MEETING CLIENTS OUTSIDE OF
COURTHOUSE AND HEARINGS
Language requiring attorneys to meet with their clients
prior to court hearings and outside of the courthouse
facility.
• Every effort shall be made to have contact with each client, at a
reasonable time prior to the day of each Court proceeding.
• Every effort shall be made to meet in private with the client prior to the
date of any scheduled hearing.
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CASE CONTACT HISTORY
Language requiring attorneys to document times/places of their client
contacts to determine if they are complying with meeting their clients
prior to court hearings and away from the courthouse.
Defense Counsel must document Client meetings both in
location and in timing to ensure that Clients have access to
their attorneys prior to each hearing and as necessary for
effective preparation. 15
PARENT ATTORNEY AFFIDAVIT OF
COMPLETION
Language can be added requiring
parent attorneys to file documentation
that they have completed requirements.
Parents’ attorneys shall, on a form
approved by the Court, prior to the
commencement of every hearing,
indicate what the attorney has
done to comply with this provision.
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TWO-HOUR NOTIFICATION WINDOW
EMERGENCY HEARINGS
Attorneys allowed two hour notice for emergency removal hearings to
allow court to better schedule these hearings and allow parents access
to attorneys for these preliminary hearings.
In representing a Client, to be present in Court on two (2)
hours advance notice by the court. Said notice is effective at
the time the emailed notice is provided by the Court and is
not contingent on any other factor. 17
CONDITIONAL ACCEPTANCE APPOINTMENT
To prevent delay from parents failing to be screened, language provides attorney
is conditionally appointed to represent parents for preliminary hearings. Parents
can be screened when they appear and if parents fail to appear or qualify, the
attorney can leave.
To accept a Conditional Appointment for each respondent parent, requiring
counsel to be present and prepared to go forward at the Preliminary Hearing,
whether or not the respondent parent has at that time specifically requested
and/or been determined financially eligible to receive a court appointed
attorney.
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GAL REPRESENTATION AT TITLE IV-E
APPEAL FILINGS/HEARINGS
Language requiring assigned GAL to represent the
minor child(ren) in any Title IV-E Appeal
filings/hearings.
As lawyer/guardian ad litem, the lawyer must comply with
MCL 712A.17d and attend any administrative appeal hearing
regarding denial of a Child’s eligibility for Title IVE coverage
until released. 19
FUTURE UNIDENTIFIED PROGRAMS
If established, participate in
any problem- solving Court
that may be implemented
in Berrien County Court
related to neglect and
abuse representation.
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1004/14/2022
ATTORNEY REFEREE
STEVEN FLOOD
BERRIEN COUNTY FAMILY COURT
sflood@berriencounty.org
Tel: (269) 983-7111 (8450)
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