When I am appointed to represent a child, my first action is to separate them from their parents and tell them the following things:
1. I am their attorney. I do not work for their parent or the judge or the cops. I donât care what any of those people want.
2. My job is to listen to them and try and make what they want happen in court. (At this point I make a joke about how most people want me to get them out of trouble but if someone wanted to be in trouble I would do my best.)
3. What they tell me is confidential. It goes nowhere unless they agree to it. (If old enough, I talk to them about mandatory reporters, and how Iâm a mandatory non reporter.)
4. I will give them lots of advice because Iâve been doing court for a while and I know a lot about it, and they donât. Itâs all really complicated, and if they donât understand whatâs happening itâs my job to help them figure it out.
5. They will make the decisions. (At this point I usually have to reassure them that Iâll help, Iâll speak for them in front of the judge, and Iâve got their back. Itâs scary to have an adult say youâre in charge, most of the time.)
6. I tell them I know itâs absolutely wild to have some stranger come in here and say âhey, you can trust me!â and that I get if they donât believe everything right away, because I plan to show them through my actions and my words that Iâll fight for them.
7. But nonetheless, I will treat them like a person who can make decisions, because they are living their life and I am not.
I do not:
Pretend to be cool.
Try to be their BFF.
Overwhelm them with detail.
Let their parents in the room until the kid asks for them. (I provide openings for this, and ask if the kid wants their parent to help them remember and understand.)
I want to emphasize I went into this job knowing nothing about how to interact with vulnerable populations, especially children. The training was minimal, and my role means that I can literally walk into a facility and get an unmonitored visit with a minor client one on one.
In my years of practice I have never felt threatened by a child, even one that was âviolentâ and âunstable.â It turns out just saying âhi, I think youâre a person with thoughtsâ is wildly successful? Now people treat me like I have special Child Whisperer powers. My powers are that I ask the child whatâs up and Iâm not scared to say things that are objectively awkward. I know nothing about anything.
Forgot one part: I cuss. Like, a lot. Child confesses terrible trauma at the hands of police officers? âWow that guy sounds like a piece of shit. Want me to kick him up the asshole for you?â
Child: âno thatâs okayâ
Me: âI might do it anywayâ
Persist until child cracks a smile and/or laughs at your dumb bullshit
I do literally all of this when representing child clients, lol. the only additional thing I do is to say that I'm not their mom or a cop, so I'm never going to tell them what to do. I will tell them if I think something they want is unlikely to happen or is a bad idea (and I will tell them why I think that), but I'm not going to stop them from doing stupid shit if that's what they want to do.
Usually I have to circle back around on it with "remember how I said I'd tell you if I thought you were going to do stupid shit? [running away with your boyfriend to live on the streets][attacking that kid when you get back to school][continuing to hang out with your friends who keep getting busted for drugs] would be really fucking stupid. if you still want to do it, I can't stop you, but if you get in trouble for it, it's not because I didn't warn you."
Truly it is a disservice not to mention the cussing, kids love cussing. Younger kids love it because you said the bad word!! And older kids are like âwhat youâre a lawyer youâre not supposed to say fuckâ to which I respond âwhat am I supposed to say when somethingâs really fucked upâ & they think itâs great
@thelawfulchaotic I've been thinking this over, and what really stuck with me is your joke about getting them into or out of trouble, whatever they ask for. I think it's because it presents the possibility of a choice, and not a forced choice of "here is the good correct choice and here is the alternative of suffering", but just a value neutral choice of whatever the kid wants, not what general society or the people around them deem a good or correct choice. Pretty impactful concept to me, and i am glad you're including it.
I actually like saying this to adults too. (âIf someone rolled into my office asking for some felony convictions, Iâd do my best!â) It usually gets a laugh or at least a mildly amused huff, and I do think it shows them Iâll respect their choices. Humor I think also keeps them a little more engaged with my lawyering monologue.
Honestly I find it very hard to take myself seriously. Like, me? In my clown makeup and my clown shoes and my clown wig? Climbing out of my clown car with my clown friends? Please. I might (MIGHT) be smarter than my clients, or have better education and clothes, but thereâs nothing that makes me more worthy than them to be treated like a person. If I need to honk my little clown nose to make that point, so be it
















