Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1105 - General Duties of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Before agreeing to act as counsel or accepting appointment by a court, counsel
				has an obligation to make sure that counsel has available sufficient time,
				resources, knowledge and experience to offer effective representation to a
				parent in a child in need of care or termination of parental rights proceeding.
				If it later appears that counsel is unable to offer effective representation in
				the case, counsel should move to withdraw.
B. Counsel shall be alert to all potential
				and actual conflicts of interest that would impair counsel's ability to
				represent a parent. Counsel shall not represent both parents if their interests
				differ. The attorney should generally avoid representing both parents when
				there is even potential for conflict of interest. In situations involving
				allegations of domestic violence, the attorney shall not represent both
				parents. When appropriate, counsel may be obliged to seek an advisory opinion
				from the Office of Disciplinary Counsel on any potential conflicts.
C. If a conflict is discovered during the
				course of representation, counsel has a duty to notify the parent and the court
				in accordance with the Louisiana Rules of Court and in accordance with the
				Louisiana Rules of Professional Conduct.
D. Counsel has the obligation to take all
				reasonable steps to keep the parent informed of the progress of the
				case.
E. Counsel has the obligation
				to ensure that the case file is properly documented to demonstrate adherence to
				the standards, such as, where relevant, documentation of intake and contact
				information, client and witness interviews, critical deadlines, motions, and
				any other relevant information regarding the case. The case file should also
				contain, where relevant, copies of all pleadings, orders, releases (school,
				medical, mental health, or other types), discovery, and correspondence
				associated with the case.
F. When
				counsel's caseload is so large that counsel is unable to satisfactorily meet
				these performance standards, counsel shall inform the district defender for
				counsel's judicial district and, if applicable, the regional director. If the
				district defender determines that the caseloads for his entire office are so
				large that counsel is unable to satisfactorily meet these performance
				standards, the district defender shall inform the court or courts before whom
				cases are pending and the state public defender.
G. Lawyers initially appointed should
				continue their representation through all stages of the proceedings. Unless
				otherwise ordered by the court, the attorney of record should continue to
				represent the client from the point of the initial court proceedings through
				disposition, post-disposition review hearings, and any other related
				proceedings until the case is closed.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.