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 don’t 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 I’m a mandatory non reporter.)
4. I will give them lots of advice because I’ve been doing court for a while and I know a lot about it, and they don’t. It’s all really complicated, and if they don’t understand what’s happening it’s my job to help them figure it out.
5. They will make the decisions. (At this point I usually have to reassure them that I’ll help, I’ll speak for them in front of the judge, and I’ve got their back. It’s scary to have an adult say you’re in charge, most of the time.)
6. I tell them I know it’s absolutely wild to have some stranger come in here and say “hey, you can trust me!” and that I get if they don’t believe everything right away, because I plan to show them through my actions and my words that I’ll 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.
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 “violent” and “unstable.” It turns out just saying “hi, I think you’re a person with thoughts” is wildly successful? Now people treat me like I have special Child Whisperer powers. My powers are that I ask the child what’s up and I’m not scared to say things that are objectively awkward. I know nothing about anything.
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