Page 12 - Juvenile Practice is not Child's Play

The Investigation

The Interview

An attorney should generally conduct an initial client interview well before any court hearing. If your client is in

detention, you will first need to focus on detention issues and remind your client to avoid making statements to the
authorities or other detainees. But you should know that your client’s statements made during a detention hearing are
inadmissible during an adjudication hearing, so you may want to make some admissions regarding areas important to

detention, for example admitting to recent drug use to prevent drug testing. You need to do a separate full-scale

interview after the detention hearing to discuss the case and other issues. When arranging an interview, ask parents to
bring any documents relating to the case, including petitions, school records, birth certificates, and any records of
mental or physical illnesses. Try to find out what the offense is and any offense history beforehand so you can advise

the family as to the likely range of punishment in the case.

Keep in mind that your client is not an adult. They lack the emotional maturity of an adult and understand “legalese”

even less than an adult. It is very important to try to ascertain whether your client understands what you are telling him
or her. One approach is to ask your client to explain in their own words what you have told him/her to make sure they
are comprehending (and paying attention). At first, ask your client to explain what happened and do not interrupt no
matter how confused you get. Ask questions once your client finishes. This helps in not letting your client forget things

they were planning to tell you.

During your initial interview, you should try to find out everything you can about your client’s life, and any problems

in it. You need to know what is going on at school and at home, who they hang out with, where they live and what the
community is like, what kind of prior trouble your client may have been in, and any problems, physical or mental, that
may affect their behavior. These may include mental health illnesses, developmental disabilities, physical illness or
disability, abuse in the home, and many other issues. (See Clients with Mental Health Disorders) You will need to work
on establishing trust and rapport with your client, who may be upset and confused and may not trust strangers,

grownups, and lawyers. Be patient and appreciative of the information the client shares and try to explain why you need
to know so much information that may not seem relevant to the child. A complete explanation of the attorney-client
relationship and privilege are essential, and this can help underscore the reasons your client should not talk to others

about the case. Make sure your client understands that the privilege means you will not tell parents, probation officers,
judges, or anyone else anything the client tells you, with a few minor exceptions. At the outset, alert your client that you