Fighting Attorneys: Response to "Tips for Avoiding the Abuses of CPS”

Below is an email sent to the Women's Justice Center as the author of the "Tips for Avoiding the Abuses of CPS”.  The article in full can be found at the link provided in the below posting.  The article and the website provide parents and advocates with information concerning CPS. Although the Center is based in California, the information is applicable to Texas as well.  Let me know your thoughts.

I BRIEFLY read your “Tips for Avoiding the Abuses of CPS” article, http://justicewomen.com/tips_bewarechildprotectiveservices_2.html#b.   As an attorney, I was particularly drawn to the section about how to get the best possible representation from your court appointed attorney.  I have seen attorneys who fit the profile you describe.  However, as an attorney who accepts appointments, I must take exception to your rule to parents that “attorneys assigned to represent you in a CPS case are attorneys at their worst.”  There are a few of us out here in the fight for families.  I hope I am not being presumptuous in assuming that you really did not mean to condemn all court appointed attorneys. Consequently, I would like to join you in your efforts to equip your audience in the event that your readers happen to have one of us fighters for an attorney.  Feel free to distribute as long as the credit and text are kept intact.

You will know that you have a fighting attorney if the attorney seeks to communicate with you frequently.  In my practice I take my clients’ lead, but I like to touch in with my clients bi-weekly.  Even if the week was uneventful, it is important to check in on my clients’ spirits. From the beginning it is key for me to know what is important for my client, what is the parent’s story, etc.  Please remember that the only attorney assigned to work for the parent is the parent’s attorney.  Providing inaccurate or incomplete information only limits what the fighting attorney has to work with from you.  Also, sometimes your attorney is the last to the litigation battle, meaning everyone else has a ton of information, reports, etc.  Do not assume that your attorney will somehow get that information.  Bring the attorney up to speed by providing copies, not originals, or telling the attorney who may have the information if you do not.  And always inform the attorney of any changes in your address or phone numbers.

You will know that you have a fighting attorney if the attorney seeks to be present with you when you are communicating with CPS, GALs (Child Advocates or CASA), or others seeking information.  My practice informs all parties and guardians that all parent communication should be coordinated through my office if they want to discuss the case with my client.  We will try to attend all conferences, evaluations, and even “pop up” on a “pop up” visit from opposing parties. I get tons of push back, but as long as my client stands with me, eventually CPS will concede.  Unfortunately, for various reasons, some parents will talk to opposing sides without me.  Despite my requests to the contrary, some parents sign documents without me.  Even worse, I learn of the communication only once we are in front of the bench – far too late for me to do any investigation or even to get qualification from my client.  Please don’t fall for the “I’m your friend” tactics of CPS and even guardian ad litems.  They are not a part of the case to be parent advocates and are not always soliciting information to help you out.  That is the job of the parent attorney.  I am not suggesting that every encounter is hostile.  Here is a test.  If the person seeking to talk to you refuses talk to you in front of your attorney, take note.  Then direct your attorney to find out why. 

You will know that you have a fighting attorney if the attorney anticipates the other sides’ moves and solicits your help in creative countermoves.  For example, if I see that CPS is positioning to remove the kids, I will fight against that removal, but I am armed with plan B in the event the judge rules against me.  Plan B often is to have other family or friends pre-qualified as placements instead of traditional foster care.  However, I need the parents to tell me who those family and friends are.  Sometimes parents will say that they are too embarrassed to tell people they know what is happening or they just refuse to believe that CPS really would take the kids after CPS failed to do so for so long.  Whether the kids are removed or not, help your attorney prepare for that worst case scenario.  Bear under the embarrassment and see this as an opportunity to be an advocate or guide for others.  You may be surprised to learn that you are not alone.

You will know that you have a fighting attorney if the attorney encourages you to keep him or her accountable.  Everyone in the process is accountable to someone.  The attorney is no exception.  In fact, fighting attorneys realize the fight is not theirs but the parents.  The case is about the parents’ lives, not the attorney’s. In most situations, the attorney’s opinions must yield to the client’s decisions.  No one wants to be threatened, but there is nothing wrong with reminding the attorney whom he or she serves.  A fighting attorney will preempt your “reminder” by soliciting your evaluation of his or her services to ensure that your needs are being met.  A fighting attorney will know that despite the appointment, he or she is accountable to you.

While I could go on with other tips, I will end with this thought:  Together we may not always win the case, but we will work hard to end. Then if unsuccessful, we will appeal. A fighting attorney will not be afraid to appeal when necessary!

May God bless your efforts.

Regards,

Alicia Fortson, Esq.

Law Offices of A. G. Fortson, P. C.