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Amicus Attorney

What is an Amicus Attorney

Amicus Attorney is an attorney appointed by the court in a suit, other than a suit filed by a governmental entity, whose role is to provide legal services necessary to assist the court in protecting a child’s best interests rather than to provide legal services to the child.

The amicus attorney is the eyes and ears of the court and will determine through observations and investigating the case, the people, and pleadings what is in the best interest of the child. While an amicus attorney should let the court know the desires of the child, the amicus attorney is not required to advocate for those desires, if the amicus attorney believes the desires of the child would not be in the best interest of the child.

It is important to know that the amicus attorney does not have an attorney-client relationship with the child or either party to the suit.

Duties of an amicus attorney are as follows:

  • • Interviewing the child in a developmentally appropriate manner, if the child is four years of age or older;
  • Interviewing each person who has significant knowledge of the child’s history and condition, including any foster parent of the child;
  • Interviewing the parties to the suit;
  • Seek to elicit in a developmentally appropriate manner the child’s expressed objectives of representation;
  • Consider the impact on the child in formulating the attorney’s presentation of the child ’s expressed objectives of representation to the court;
  • Investigate the facts of the case to the extent the attorney considers appropriate;
  • Obtain and review copies of relevant records relating to the child such as social records, law enforcement records, school records, medical, mental health or drug or alcohol treatment records;
  • Participate in the conduct of the litigation to the same extent as an attorney for a party
  • Take any action consistent with the child’s interests that the attorney considers necessary to expedite the proceedings;
  • Encourage settlement and the use of alternative forms of dispute resolution; and
  • Review and sign, or decline to sign, a proposed or agreed order affecting the child.

What powers does an amicus attorney possess?

As an amicus attorney, one would be able to:

  • Request clarification from the court if the role of the attorney is ambiguous;
  • Request a hearing or trial on the merits;
  • Consent or refusal to consent to an interview of the child by another attorney;
  • Receive a copy of each pleading or other paper filed with the court;
  • Receive notice of each hearing in the suit;
  • Participate in any case staffing concerning the child conducted by an authorized agency; and
  • Attend all legal proceedings in the suit.

Advocating the best interests of the child

In determining the best interests of the child, it is important to know that the amicus attorney is not bound by the child’s expressed objectives of representation. Rather, the amicus attorney shall, in a developmentally appropriate manner:

  • With the consent of the child, ensure that the child’s expressed objectives of representation are made known to the court;
  • Explain the role of the amicus attorney to the child;
  • Inform the child that the amicus attorney may use information that the child provides in providing assistance to the court; and
  • Become familiar with the American Bar Association’s standards of practice for attorneys
    who represent children in custody cases.

Helpful Advice When Meeting with a Amicus

  • BE MINDFUL OF WHAT YOU SAY. Nothing said to a amicus is confidential and any information shared may be relayed to the court and with other parties. Having said that, you can ask the Amicus to keep some of your comments confidential. While they are not bound by confidentiality, they may honor that request. Also remember the more information you are able to provide, the better the amicus will know how to help your
    family
  • Bring Copies of any relevant information you would like the amicus to review to the meeting
    • Timeline of Events – short one/two sentences at the most of information/dates and if documents are available to back up the claim – make sure to include that she was brought up on contempt – date, and infraction (pleading can be provided)
    • Pleadings: the original petition for termination, citation of publication (we already provided this though
    • Your daughter’s school records (report cards), a list of her doctors, activities in school, when they are etc
    • Include a timeline of your daughter – likes/dislikes, activities she is involved in, favorite food, toys, hobbies that sort of thing
  • Prepare a list of references to provide to the amicus (be mindful of what they may or may not say) and give ME the list.
  • Provide copies of photos of you and your family to the amicus – only if asked.

Things to Expect to Have to Do for the Amicus

  • A background check for both parties (provide your previous one in the first meeting with the adoption information)
  • To fill out a questionnaire for background information (keep emotion out of this)
  • Expect to have to sign releases for medical records (these fall under HIPAA and the amicus is bound to keep things confidential there), and school records
  • Some recommendations might include for the parties to participate in counseling with the child, with each other, psychological evaluations, visitation etc.

Social Study/Amicus Tips

Here are the do not’s of an amicus attorney study:

  • Do not appear vindictive/angry towards the other parent.
  • Do not bash the other parent.
  • Do not frequently call attention to facts the evaluator will consider small and insignificant regarding the other parent.
    • Example
      • the child is always coming home dirty.
      • the child’s clothes are too big/small or dirty.
      • the child’s clothes never get returned
      • the other parent feeds the child junk food
  • Do not discuss details of the other parent’s misgivings over and over and over. Once is enough.
  • Do not volunteer any extra information. Answer only the question(s) being asked. Stay focused and address one issue at a time.
  • Do not lie. Tell the truth. If you made a mistake, admit to it. Fall on the sword and push on. You are not perfect, nor is the other parent. If you made a mistake state you realize it, this is what you have done to correct the issue, and you won’t make the same mistake again.
  • Do not call or email the evaluator constantly. Common sense goes a long way here. If you are anxious or feeling the need to control things, go to therapy, and talk it out with your therapist, not the amicus attorney.

Here is the Dos of an amicus attorney study:

  • Do talk about the importance of the other parent in the life of the child(ren) but discuss your concerns as needed.
  • Do talk about your efforts to include the other parent in the child(ren)’s life and provide examples of how you do that.
  • Do tell the evaluator about the good qualities of the other parent – find three good things to say about the other parent.
  • Do say you intend to have both parties involved in the child(ren)’s life.
  • Do make all your appointments.
  • Do sign releases and provide all documents asked for.

Remember the goal is to show you can co-parent with the other parent and support the relationship between the child and the other parent.

Love your child more than you hate your ex.

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