Does Attorney/Client priviledge apply even to minors?

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My 14 year old got into some trouble, and is not the most attentive when it comes to details and decision making. In speaking with the public defender she informed me that she will be meeting with my minor child alone. I have a very hard time with this... as he was questioned and held for 4 hours without me being aware, and has increased the charges because of this. How do I protect my son from this?

Attorney Answers

3
Howard Bailey ·
YES, the attorney-client privilege applies to juveniles, just as it does to adults. If you do not trust the attorney for some reason, discuss your concerns with the lawyer and ask the lawyer why she wants to meet with your child alone. Tell her your fear is caused by what happened about the questioning outside your presence. Discuss with the lawyer whether there is a legal basis to challenge the statements your child made during the interviews outside your presence. In essence, speak to the lawyer and ask questions; and, be prepared to listen as well. After you have done these things, you will be in a position to decide from a position of knowledge whether this lawyer is the person you want protecting your child in this case. Good luck. DISCLAIMER This answer is not intended to, nor does it create, an attorney-client relationship. It is not intended to constitute either legal advice or attorney advertising. Instead, given the nature of this website, it is provided solely for informational purposes, for you to use as a starting point when speaking directly with a lawyer in your State. Do not assume that the legal theories I mention that pertain to NJ will apply in your State. The facts of each case are different, and it is therefore critical for you to consult with a qualified counsel with whom you can share information which can be assessed under an attorney-client privilege, so that you can get competent legal advice from which you can make informed decisions. I urge you to immediately contact an experienced criminal defense lawyer admitted to practice in your State before making any decisions about this case.
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John Gromowsky ·
I agree with the previous answer. For example, the ABA standards for representing children in abuse case specifically states that attorneys owe these children the same duties of loyalty and confidentiality as they would adult clients. I can think of at least two reasons why your son's pd would want to discuss this case with your son in private. First, your son may be more open to discussing details of the case if you are not in the room. Second, unless your state recognizes some sort of parent-child privilege, having a third party present in the room may be a breach of attorney-client privilege, which could cause the conversation to no longer be protected. As in the previous answer, I think the thing to do is to talk to the pd about your concerns. This really seems to be a question of whether you feel like you can trust the pd to look out for your son's best interests. Rest assured, the pd has the same obligation as all attorneys to be loyal to your son and to zealously represent him. But as your son's primary advocate, you should feel free to talk to the pd . . . as long as it is not to the point of interfering with the pd's ability to successfully represent your son. DISCLAIMER: I am not your attorney. My response to your question does not create, nor is it intended to create, an attorney-client relationship. An attorney-client relationship is formed with John G. Gromowsky and/or The Gromowsky Law Firm, LLC only after (1) entering into a written legal services agreement and (2) paying the retainer or legal fees required by the legal services agreement. My response to your question is for informational and/or educational purposes only. By responding to your question, I am not giving legal advice. I am only licensed to practice law in Missouri and Kansas. The laws in your state may be different than in Missouri and Kansas. You should consult an attorney licensed to practice in your state if you are need of legal advice.
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Robert Tuthill ·
I agree with the previous two answers. The loyalty of an attorney is to the client and nobody else, regardless of age.
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