Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2113 - Allocation of Authority between Counsel and Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. The allocation of authority between
				counsel and the client shall be managed in accordance with the Louisiana Rules
				of Professional Conduct, having particular regard to rules 1.2
B. Counsel serves as the representative of
				the client and shall abide by the express wishes of the client regarding the
				objectives of the representation. However, counsel shall provide the client
				with his or her professional opinions with regard to the objectives of the
				representation. In counseling the client, counsel shall refer not only to the
				law but to other considerations such as moral, economic, social and political
				factors that may be relevant to the clients situation. Counsel may enlist the
				assistance of others to assist in ensuring that the client is able to make
				informed decisions. Counsel shall reasonably consult with the client about the
				means by which the clients objectives are to be accomplished and may take such
				action as is impliedly authorized by the representation.
C. Counsel shall explain to the client those
				decisions that ultimately rest with the client and the advantages and
				disadvantages inherent in these choices. Counsel shall abide by the clients
				decision, made after meaningful consultation with counsel, as to a plea to be
				entered, whether to waive jury trial, whether the client will testify and
				whether to appeal. However, counsel shall not abide by such a decision where
				the client is incompetent, including where the client is, in the circumstances,
				incapable of making a rational choice not substantially affected by mental
				disease, disorder or defect. In such circumstances, counsel should take the
				steps described in these standards relating to the representation of persons
				with diminished capacity and the raising of the clients incompetence.
D. Counsel should explain that final
				decisions concerning trial strategy, after full consultation with the child and
				after investigation of the applicable facts and law, are ultimately to be made
				by the attorney. The client should be made aware that the attorney is primarily
				responsible for deciding what motions to file, which witnesses to call, whether
				and how to conduct cross-examination, and what other evidence to present.
				Implicit in the exercise of the attorneys decision-making role in this regard
				is consideration of the childs input and full disclosure by the attorney to the
				client of the factors considered by the attorney in making the
				decision.
E. In order to ensure
				that consultation with the client is meaningful, counsel should communicate in
				a trauma-informed and developmentally and age-appropriate manner and make
				accommodations where necessary due to a client's special circumstances, such as
				age and its attendant circumstances, incompetence, mental or physical
				disability/illness, language barriers, cultural differences, and circumstances
				of incarceration.
F. While counsel
				is ordinarily responsible for determining the means by which the objectives of
				representation are to be accomplished, where the client revokes counsels
				express or implied authority to take a particular course of action, counsel may
				not act as the agent of the client without that authority. This will not
				prevent counsel from taking professionally responsible steps required by these
				standards but counsel must not purport to be speaking on behalf of or otherwise
				acting as the agent of the client.
G. Counsel shall not take action he or she
				knows is inconsistent with the clients objectives of the representation.
				Counsel may not concede the clients guilt of the offense charged or a lesser
				included offense without first obtaining the consent of the client.
H. Where counsel and the client disagree as
				to the means by which the objectives of the representation are to be achieved
				counsel should consult with the client and seek a mutually agreeable resolution
				of the dispute. Counsel should utilize other defense team members in his or her
				efforts to resolve a dispute.
I.
				Where the client seeks to discharge counsel, every reasonable effort should be
				made to address the clients grievance with counsel and avoid discharge. Counsel
				should caution the client as to the possible negative consequences of
				discharging or attempting to discharge counsel and the likely result if any
				such attempt. Should the client persist with his desire to discharge counsel,
				the district defender or responsible agency should be immediately informed and
				counsel may request a substitution of counsel by the responsible agency.
				Counsel must move to withdraw when actually discharged by the client.
J. Any withdrawal of counsel, including a
				substitution of counsel, should occur with the leave of the court. Should the
				court refuse counsel leave to withdraw, then counsel should continue to
				represent the defendant.
K. A
				juvenile clients capacity to make adequately considered decisions in adult
				court when facing a possible sentence of life without parole may be diminished,
				whether because of age and its attendant circumstances, mental impairment or
				for some other reason. Where counsel reasonably believes that the child client
				has diminished capacity, he or she should:
1.
				as far as reasonably possible, maintain a normal client-lawyer relationship
				with the client;
2. if the client
				is at risk of substantial harm unless action is taken and the client cannot
				adequately act in his own interests, take reasonably necessary protective
				action. Such action may include: consulting with family members, using a
				reconsideration period to permit clarification or improvement of circumstances,
				using voluntary surrogate decision making tools such as durable powers of
				attorney or consulting with support groups, professional services,
				adult-protective agencies or other individuals or entities that have the
				ability to protect the client. In appropriate cases, counsel may seek the
				appointment of a fiduciary, including a guardian, curator or tutor, to protect
				the clients interests;
3. in taking
				any protective action, be guided by such factors as the wishes and values of
				the client to the extent known, the clients best interests and the goals of
				intruding into the clients decision-making autonomy to the least extent
				feasible, maximizing client capacities and respecting the clients family and
				social connections.