Ethics of Representing Children in Family Court, Immigration Court and Crossover Cases

Originally held on Thursday, January 28, 2021 | 6:00 pm – 8:00 pm

Register For the OnDemand

Program Chair:

Melissa J. Friedman
Legal Aid Society

  • Attorneys who represent immigrant children frequently face complex ethical questions. These issues can arise when one or more attorneys appear on the child’s behalf in separate but related immigration and Family Court proceedings (and/or before USCIS), and when the rights and interests of a child, parent(s) and guardians–who all have interests in the outcome of the representation–are considered. This CLE will provide an overview of the most common forms of immigration relief sought by children (asylum and SIJS), and then tackle the ethical issues that frequently arise in such cases, reviewing considerations related to confidentiality and informed consent, diminished capacity and questions of who directs the attorney’s representation of the child, as well as issues related to joint representation, conflicts, and presumptive representation.

    Program Fee: Free for Members | $50 for Nonmembers

  • Melissa J. Friedman
    Legal Aid Society

    Lauren N. Lerner
    Queens County Family Court

    Catherine Weiss
    Lowenstein Sandler LLP

    Cristina Romero
    Legal Aid Society

    Theo Liebman
    Maurice A. Dean School of Law at Hofstra University

  • 6:00 pm – 6:05 pm
    Introduction

    6:05 pm – 6:20 pm
    SIJS and Asylum Primer
    Sources of Law

    6:20 pm – 6:35 pm
    Confidentiality and Informed Consent
    Scope of Representation
    Fees and Conflicts

    6:35 pm – 6:55 pm
    Diminished Capacity
    Counseling

    6:55 pm – 7:15 pm
    Diligence
    Candor
    Child Abuse Reporting and Confidentiality

    7:15 pm – 7:30 pm
    Joint Representation
    Conflicts
    Presumptive Representation & Ghostwriting

    7:30 pm – 7:45 pm
    Withdrawal

    7:45 pm – 8:00 pm
    Conclusion & Additional Questions

  • New York: 2.0 Ethics
    New Jersey: 2.4 Professional Responsibility
    California: 1.5 Professional Responsibility
    Pennsylvania: 1.5 Professional Responsibility
    Connecticut: Available to Licensed Attorneys

    Please Note: Newly admitted NY attorneys cannot fulfill ethics or skills credits through our on-demand programs under OCA rules. For more information on this, please see http://www.nycourts.gov/attorneys/cle/changes_for_2016.shtml.

  • Sponsoring Association Committees:
    Council on Children, Dawne Mitchell, Chair
    Disability Law, Katherine Rose Carroll, Chair
    Education and the Law, Laura D. Barbieri, Chair
    Family Court and Family Law, Michelle Burrell, Chair
    Immigration and Nationality Law, Danny Alicea, Chair
    Pro Bono & Legal Services, Jennifer K. Brown, Chair
    Small Law Firm, Anne Wolfson, Chair

    Sponsorship Opportunities are Available! Please Contact:
    Angie Avila, Manager, Membership Outreach and Sponsorships | (212) 382-6608 | aavila@nycbar.org

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