Found an issue on this page? Let us know and we will look into it as soon as possible.
Can a Juvenile defense attorney refuse to speak with minor defendant's parents?
Anonymous6 views5 answers
My 15 year old nephew is in Juvenile Detention awaiting trial on rape and gsi charges. His defense attorney refuses to speak with his parents, stating "I'm not representing you, I'm representing him". Can he do that? And can the parents request a change in representation?
The attorney client relationship is with the minor not the parents. The minor is the client and makes the decisions about pleas and settlement or trial. An attorney can talk with parents but is not obligated to do so and sometimes will refuse if the parents are overbearing. A parent, though making payments is not the client and is not the decisionmaker.
The Client is the juvenile, not the parents. The attorney does not need to speak with the parent and may refuse to if they wish. The parents could hire another attorney but that will not change the attorney client relationship.
Since the client is actually the minor then the attorney client relationship is with the minor. It is up the the minor to make all the decisions about pleas and settlement and/or trial. An attorney can talk with parents but is under no obligation to do so. Also, if the minor tells the attorney not to talk to the parents then the attorney must go by the client's wishes. It does not matter who is making the payments to an attorney as that does not necessarily make them the client, so hiring a new attorney might not change anything.
There are many reasons that your child's lawyer may refuse to speak with you or to discuss the facts of the case with you. Many, if not most states do not recognize a "parent-child" privilege; all states recognize an attorney-client privilege. If your child's attorney divulges anything that was communicated to him/her by your child with your child's permission, that information is no longer protected and can be used against him or her in court. Parent can, and sometimes are, subpoena'd to testify about statements made by their child. It's a fine line that the attorney must walk when representing juvenile clients. Sometimes if you explain to the lawyer that you are entirely aware of his/her obligation of confidentiality to the child, but that you are looking for basic information about the case (what the charges are, when the hearing is scheduled, what the possible penalties are, etc) the attorney is more willing to listen to you and work with you.
