A CHILD'S RIGHT TO COUNSEL - Children's Advocacy Institute

6. Do the Rules of ProfessionalConduct (or the state’sequivalent thereto) pertaining toliability and confidentialityapply to attorneys representingchildren in dependencyproceedings?Points: 10 out of 10―When a client‘s capacity to make adequately considered decisions in connection with arepresentation is diminished, whether because of minority, mental impairment or forsome other reason, the lawyer shall, as far as reasonably possible, maintain a normalclient-lawyer relationship with the client‖ (5 Okl. St. Chap. 1, Appx. 3-A, Rule 1.14(a)).Extra Credit: Does state lawaddress caseload standards forchildren’s counsel independency proceedings?Points: 0 extra credit pointsOklahoma law does not address caseload standards for attorneys representing childrenin dependency proceedings.SIDEBAR NOTE: On May 21, 2009, the Oklahoma Legislature passed a new Children‘s Code, which took effectimmediately upon enactment. Among other things, the new Code expressly provides thatchildren are parties to dependency court proceedings and requires the court to ensure that thechild is represented by independent counsel throughout the pendency of the action.A NATIONAL REPORT CARD ON LEGAL REPRESENTATION FOR ABUSED & NEGLECTED CHILDREN 103