La. Admin. Code tit. 22 § XV-1389

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

Section XV-1389 - Child Client's Right to Testify

A. The attorney shall respect the child client's right to decide whether to testify.

B. The attorney shall discuss with the child client all of the considerations relevant to the child client's decision to testify. This advice should include consideration of the child client's need or desire to testify, any repercussions of testifying, the necessity of the child client's direct testimony, the availability of other evidence or hearsay exceptions that may substitute for direct testimony by the child client, and the child client's developmental ability to provide direct testimony and withstand possible cross-examination.

C. The attorney should be familiar with his or her ethical responsibilities that may be applicable if the child client insists on testifying untruthfully. If the child client indicates an intent to commit perjury, the attorney shall advise the child client against taking the stand to testify falsely and, if necessary, take appropriate steps to avoid lending aid to perjury. If the child client persists in a course of action involving the attorney's services that the attorney reasonably believes is criminal or fraudulent, the attorney should seek the leave of the court to withdraw from the case. If withdrawal from the case is not feasible or is not permitted by the court, or if the situation arises during adjudication without notice, the attorney shall not lend aid to perjury or use the perjured testimony. The attorney should maintain a record of the advice provided to the child client and the child client's decision concerning whether to testify.

D. The attorney should protect the child client's privilege against self-incrimination in juvenile court proceedings. When the child client has elected not to testify, the lawyer should be alert to invoke the privilege and should insist on its recognition unless the client competently decides that invocation should not be continued.

La. Admin. Code tit. 22, § XV-1389

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2611 (September 2011), Amended LR 45414 (3/1/2019).

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