Current Trends in Children's Legal Representation

Abstract

Over the past quarter of a century, the legal representation of children has matured into a recognized subspecialty, complete with its own professional organizations, literature, continuing education, jurisprudence, and emerging ethical consensus. The trend has been away from a subjectively based, paternalistic, guardian ad litem model to a more traditional, client-directed, advocacy model. There continues to be recognition of the special duties owed to child clients, with the resulting need for multidisciplinary education and consultation and a more informed, objective method for determining the legal position of children who cannot or will not provide appropriate direction to their lawyers. This article discusses the historical development of child advocacy and the current standards and recommendations applicable to children's lawyers.