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New ABA Standards of Practice

By Timothy B. Walker
December 01, 2003

All states have adopted laws providing for the mandatory or discretionary appointment of an attorney to represent children in custody cases. However, not all jurisdictions have established standards of practice for such attorneys. Representation of a child in such cases presents unique challenges to lawyer/client communication and interaction not encountered in the adult-representation setting.

At its Annual Meeting in August 2003, the House of Delegates of the American Bar Association adopted Standards of Practice for Lawyers Representing Children in Custody Cases (Standards). These standards are the result of a 10-year project undertaken by the ABA Section of Family Law, involving lawyers, judges and legal scholars. Adoption of the Standards establishes clear ABA policy for lawyers representing children in custody cases. In 1996, the ABA adopted similar Standards of Practice for representing a child in Abuse and Neglect Cases.

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