Before getting into the basics of dependency law, we thought we would share a couple of thoughts about lawyering in the Juvenile Court.   It is said that lawyering in the Juvenile Court is like lawyering in any other trial court-- except more so.   Accordingly, the following thoughts apply to all courts, but apply especially in the Juvenile Court.  These thoughts are in no special order but can be useful aphorisms to get you going in the Clinic are somewhat reflective of our general philosophy.

1.  Learn to Listen
Listening, really listening, is one of the most significant skills that a lawyer can develop.  Listening means not only hearing the words but getting the actual and hidden meanings behind what someone else is saying.  Listening takes concentration and can be hard work.  But it is work that will be well rewarded.

Listening means getting to know the person with whom your are talking.  This is especially true with child clients.  Get to know them in the context of their own lives. Then you can really hear what they say.

Listening will help you understand what your clients really want.  Listening will help you see where a judge may be leaning.  Listening will help you interview effectively.  Listening will help you see if there is common ground for compromise.

Listening is a skill.  Like playing piano, swimming, or painting portraits; therefore, listening is a skill that needs to be practiced and cultivated.  Work at your listening skills.  They will be well worth it.

2.   Courtroom performance is way overrated
In the Juvenile Court, all other things being equal, the better prepared lawyer will get better results for his or her client than the better skilled lawyer.  If you think about it for just a moment, it is easy to see that the Judge in the Juvenile Court is far more concerned with making the correct decision about a child than about the performance of the lawyers including you.   Whether or not a lawyer looks nervous or stutters or is not artful in asking questions takes a far distance second place to making the right decision for a child.

What helps a judge make the correct decision?   Having all the relevant facts; having expert opinions presented in a clear, lucid, and digestible fashion; having the judge's questions answered directly and simply.  It does not take Clarence Darrow to present a case in Juvenile Court.  It does, however, take hard work and quality preparation.

That is why the Clinic has been successful in court.   We work hard.  We gather all the relevant information.  We prepare in advance.  We are on top of things, which helps us assist the judge in seeing our client's point of view.  Style points do not count; preparation does.

3.  Judges are busy; make their jobs easier
Be concise.  Keep it simple.   Get to the point quickly.  While style points don't count, it does not mean that it is unimportant to be a good communicator.  We don't need to look flashy, but it is essential that we get our point across within the limited time allotted.

How do you do that?  Prepare, prepare, prepare.  Think about what you want to convey to the Judge, and work on it.  Prepare a logical and understandable presentation.   Don't assume that the Judge knows everything you know but make sure that you don't waste time on matters about which the Judge is fully informed.

 Put yourself in the Judge's shoes and ask yourself the following:  "What would help me make a better decision?"   Then, provide that.

4.  Planning is everything; reflection is learning
Everything we do-- whether  it is interviewing our clients, telephoning a case manager, talking to a doctor, or advocating in court-- will go much more smoothly and productively if we plan it.   Try these three simple steps:

Step (1)  Before undertaking any task, ask and answer the following question: "What am I trying to accomplish?"  Then, define your actions and goals according to the answer.

Step (2)  Review your plans and ask the following:  "Will this help accomplish my goal?"  If you are still on track, go for it.  If not, revise your plans.

Step (3)  Once you've completed your plan, ask yourself the following: "Did I accomplish what I set out to do?  Why or Why not?"  File that answer under "Something I learned today".  Don't forget this step.  This is where real learning takes place.

5.  Do not underestimate the power of the written word
Getting information to a Judge in a form designed to communicate your position is one of the main objectives of good lawyering.  Advance written reports and motions can be extremely effective communication media.  Remember, in Court, a Judge has barely a few moments to make decisions; there is little time for a judge to ponder the finer points of the law.

Judges are fully aware that rushed decisions are never the best decisions.   By offering quality written work in advance of the hearing, we give the Judge time to decide.  The more time a Judge has to think through the correct decision, the more likely it is that the Judge will make that decision.   Likewise, the more time the Judge has to think about our arguments, the more likely the Judge will be to understand and accept them.

As a corollary, never underestimate the power of advance notice:  Be heard first.  A well written report, motion, or brief helps to focus the argument where we want it focused.  Judges may not always accept what we want them to accept, but if we can get them thinking about it early, we have a better chance of being successful.

6.  You cannot speak too slowly in Court
Speaking too quickly is like bad handwriting.  If your professor cannot read your bluebook, you will not get a good grade.  If your Judge cannot follow your argument, you will not have much impact.   If you speak too quickly, it is a guarantee that your argument will not be followed.

When you are in court, your adrenaline is pumping, and your heart is beating 1000 beats per minute.  You lose your sense of time. Time seems to be moving more quickly than it actually is.  So take time to take time.  Slow down.  No matter how slowly you think you are talking, talk even more slowly.   Speak up.  Slow down, and you will be understood.

7.  Write it down
Whenever you do anything on a case, write it down NOW.    In other words, make an immediate record of it and put it in the file.  None of us can remember everything accurately.  We are more likely to remember it accurately if we make a contemporaneous record.   There is no worse feeling than when you realize you failed to make a proper record.

8.  Return all phone calls promptly
There is little that irritates people more than not getting return phone calls-- and little that pleases people more than a promptly returned phone call.  The consequence of each choice is obvious.

9.  Silence is golden
Keep your client's secrets.   Confidentiality goes to the heart of the lawyer-client relationship. That relationship is about trust and privacy.   It is exciting to talk with others about your cases, but remember there is a client at the heart of every conversation who deserves his or her privacy.

10.  Keep your client informed
We will often have a lot more information about our cases than our clients will have.  If your clients are able to understand  what is going on (as in competent or old enough), keep them as well informed as possible.  It is, after all, their lives.   They have a right to know what is happening around them.   They also have the right to the information they need to make intelligent choices about their lives.

10.2.  Life is Short.  Have Some Fun