La. Admin. Code tit. 22 § XV-1331

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1331 - Initial Interview with Child Client

A. The attorney should conduct a client interview as soon as practicable in order to obtain the information necessary to provide quality representation at the early stages of the case and to provide the child client with information concerning the representation and the case proceedings. Establishing and maintaining a relationship with the child client is the foundation of quality representation. Irrespective of the child client's age, the attorney should consult with the child client well before each court hearing. The attorney shall explain to the client how to contact the attorney and should promptly comply with child client's requests for contact and assistance.

B. A meeting or conversation conducted in a hallway or holding cell at the courthouse is not a substitute for a thorough interview conducted in private and may waive confidentiality.

C. Prior to conducting the initial interview, the attorney should, where possible:

1. be familiar with the elements of the offense(s) and the potential punishment(s), where the charges against the client are already known;

2. obtain copies of any relevant documents that are available, including copies of any charging documents, recommendations and reports concerning pre-adjudication release, and law enforcement reports that might be available;

3. request mental health, juvenile assessment center, detention center or educational records, including any screenings or assessments, that may help in the initial interview with the client;

D. The purposes of the initial interview are to provide the child client with information concerning the case and to acquire information from the child client concerning the facts of the case.

1. To provide information to the client, the attorney should specifically:

a. explain the nature of the attorney-client relationship to the child client, including the requirements of confidentiality;

b. explain the attorney-client privilege and instruct the child client not to talk to anyone about the facts of the case without first consulting with the attorney;

c. ensure the child client understands that he or she has the right to speak with his or her attorney;

d. explain the nature of the allegations, what the government must prove, and the likely and maximum potential consequences;

e. explain a general procedural overview of the progression of the case;

f. explain the role of each player in the system;

g. explain the consequences of non-compliance with court orders;

h. explain how and when to contact the attorney;

i. provide the names of any other persons who may be contacting the child client on behalf of the attorney;

j. obtain a signed release authorizing the attorney and/or his or her agent to obtain official records related to the client, including medical and mental health records, school records, employment records, etc.;

k. discuss arrangements to address the child client's most critical needs (e.g., medical or mental health attention, request for separation during detention, or contact with family or employers); and

l. assess whether the child client is competent to proceed or has a disability that would impact a possible defense or mitigation.

2. For a child client who is detained, the attorney should also:

a. explain the procedures that will be followed in setting the conditions of pre-adjudication release;

b. explain the type of information that will be requested in any interview that may be conducted by a preadjudication release agency, explain that the child client should not make statements concerning the offense, and explain that the right to not testify against oneself extends to all situations, including mental health evaluations; and

c. warn the child client of the dangers with regard to the search of client's cell and personal belongings while in custody and the fact that telephone calls, mail, and visitations may be monitored by detention officials.

3. The attorney or a representative of the attorney should collect information from the child client including, but not limited to:

a. the facts surrounding the charges leading to the child client's detention, to the extent the child client knows and is willing to discuss these facts;

b. the child client's version of the arrest, with or without a warrant; whether the child client was searched and if anything was seized, with or without warrant or consent; whether the child client was interrogated and if so, whether a statement was given; the child client's physical and mental status at the time any statement was given; whether any samples were provided, such as blood, tissue, hair, DNA, handwriting, etc., and whether any scientific tests were performed on the child client's body or bodily fluids;

c. the existence of any tangible evidence in the possession of the state (when appropriate, the attorney shall take steps to ensure that this evidence is preserved);

d. the names and custodial status of all co-defendants and the names of the attorneys for the co-defendants (if counsel has been appointed or retained);

e. the names and locating information of any witnesses to the crime and/or the arrest, regardless of whether these are witnesses for the prosecution or for the defense;

f. the child client's current living arrangements, family relationships, and ties to the community, including the length of time his or her family has lived at the current and former addresses, as well as the child client's supervision when at home;

g. any prior names or aliases used, employment record and history, and social security number;

h. the immigration status of the child client and his or her family members, if applicable;

i. the child client's educational history, including current grade level, attendance and any disciplinary history;

j. the child client's physical and mental health, including any impairing conditions such as substance abuse or learning disabilities, and any prescribed medications and other immediate needs;

k. the child client's delinquency history, if any, including arrests, detentions, diversions, adjudications, and failures to appear in court;

l. whether there are any other pending charges against the child client and the identity of any other appointed or retained counsel;

m. whether the child client is on probation (and the nature of the probation) or post-release supervision and, if so, the name of his or her probation officer or counselor and the child client's past or present performance under supervision;

n. the options available to the child client for release if the child client is in secure custody;

o. the names of individuals or other sources that the attorney can contact to verify the information provided by the child client and the permission of the child client to contact those sources;

p. the ability of the child client's family to meet any financial conditions of release (for clients in detention); and

q. where appropriate, evidence of the child client's competence to participate in delinquency proceedings and/or mental state at the time of the offense, including releases from the client for any records for treatment or testing for mental health or mental retardation.

E. Throughout the delinquency process, the attorney should take the time to:

1. keep the child client informed of the nature and status of the proceedings on an ongoing basis;

2. maintain regular contact with the child client during the course of the case and especially before court hearings;

3. review all discovery with the child client as part of the case theory development;

4. promptly respond to telephone calls and other types of contact from the child client, where possible, within one business day or a reasonable time thereafter;

5. counsel the child client on options and related consequences and decisions to be made; and

6. seek the lawful objectives of the child client and not substitute the attorney's judgment for that of the child client in those case decisions that are the responsibility of the child client. Where an attorney believes that the child client's desires are not in his or her best interest, the attorney should discuss the consequences of the child client's position. If the child client maintains his or her position, the attorney should defend the child client's expressed interests vigorously within the bounds of the law.

F. In interviewing a child client, it is proper for the lawyer to question the credibility of the child client's statements or those of any other witness. The lawyer shall not, however, suggest expressly or by implication that the child client or any other witness prepare or give, on oath or to the lawyer, a version of the facts which is in any respect untruthful, nor shall the lawyer intimate that the child client should be less than candid in revealing material facts to the attorney.

La. Admin. Code tit. 22, § XV-1331

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2603 (September 2011), Amended LR 45408 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148