FCYU-Feature Story

What Does My Lawyer Do?

By Theresa Hughes

If you're in foster care, you have a lawyer whose job is to represent you in court. The exact role of your lawyer depends on what state you live in.

In some states, like New York, your lawyer is called a law guardian, and he or she has to protect your legal interests and advocate for what you want (as long as you're capable of making that decision). In other states, like Michigan, you are represented by a "guardian ad litem," who tells the court what he or she determines is in your best interests-which may or may not be what you want. In both cases, your lawyer is required to express your wishes to the court.

In New York, kids in care can hire their own law guardian, or one will be assigned for free by the court. Your law guardian should explain his or her role and the court proceedings to you, tell you what your rights are and find out what you want.

He or she should investigate placement options for you, which includes doing work like reviewing your case file, getting your school and medical records, and interviewing people who know you. Then your law guardian will request an appropriate placement and whatever services you need from the court.

Remember, this is your lawyer, not the lawyer for your parents, your agency or anyone else. Your lawyer should not tell anyone what you talk about, unless you are in danger. If you feel that your law guardian is not listening, not explaining things in a way that you can understand, or violating confidentiality, speak up! Tell them how you feel and see if the problem can be fixed.

If you still feel that he or she is not fighting for you (not returning your phone calls or not telling the judge what you want), then you should ask to speak to the judge at your next court appearance. If you need to, you can ask the judge for a new lawyer. But judges don't give kids new lawyers very often, so be prepared to give specific reasons why you are not satisfied with the job your lawyer is doing. Before going to the judge, you might even want to write down your complaints.

Theresa Hughes, Esq., is an assistant professor and director of the Child Advocacy Clinic at St. John's University School of Law.