Safeguards to Prevent Juveniles from Incompetent Representation

Lieck and Metze's 2022 "Ethics and the Law" column for Voice for the Defense asks, at the seam of professional ethics and the right to counsel, whether a lawyer's lack of understanding of child development impairs the zealous advocacy and effective assistance owed to juvenile clients, the most vulnerable of those facing criminal liability. The premise comes from an October 2021 American Bar Association article: without a foundation in child development, an advocate cannot represent a child competently. Children's prefrontal cortexes are not fully developed until well into their twenties; communicating and listening effectively, the authors argue, require that foundation. The doctrinal frame is Texas: the comments to Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct weigh a matter's complexity and specialized nature, the study a lawyer can give it, and the feasibility of referral; the authors infer that juvenile matters are specialized. A juvenile holds a constitutional and statutory right to effective counsel (In re K.J.O.; In re R.D.B.), reviewed under Strickland v. Washington. The difficulty is structural—juvenile lawyers are already scarce, and added study risks dissuading more of them. The three proposals place responsibility on judges, who might grant an ill-prepared attorney a continuance to acquire the basics without discipline; on the bar, through local lists of attorneys trained in child development; and on continuing legal education.

If you take juvenile cases in Texas, this ethics column asks whether your grasp of child development affects the effective assistance you give a child. Lieck and Metze argue it does. Juveniles are not as developed physically, cognitively, socially, or emotionally, and explaining the process, the client's rights, court preparation, and the consequences of decisions to a child who may not be able to control emotions or verbalize needs takes skill. The competence hook is Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct. Its comments list the complexity and specialized nature of the matter, the study you can give it, and whether referral to a lawyer with established competence is feasible. The authors read juvenile work as specialized. A juvenile has a constitutional and statutory right to effective counsel (In re K.J.O.; In re R.D.B.), and your performance is reviewed under Strickland v. Washington. Because juvenile lawyers are already scarce, the authors want safeguards that do not drive practitioners away. Judges who suspect an ill-prepared attorney could allow a continuance long enough to learn the basics, with no discipline. Local bar associations could keep lists of lawyers with child-development backgrounds for others to consult. And the bar could offer more CLE on child development and other juvenile law issues, building on TCDLA's existing courses.

Young people in Texas juvenile proceedings have a constitutional and statutory right to effective counsel. A 2022 magazine column asks whether their lawyers understand children well enough to provide it. The authors are Jessica Lieck, then a second-year student at Texas Tech University School of Law, and Professor Patrick S. Metze, then director of the school's four criminal defense clinics and a teacher of Texas juvenile law. Writing in Voice for the Defense, published by the Texas Criminal Defense Lawyers Association, they call juveniles the most vulnerable clients facing criminal liability. They cite a 2021 American Bar Association article: a lawyer needs a foundation in child development to represent a child competently. Texas ethics rules weigh a matter's complexity and specialized nature in judging a lawyer's competence, and the authors say juvenile cases are specialized. The catch is supply. Juvenile lawyers are already scarce across Texas, and extra study could discourage more from taking the work. The authors propose three steps. Judges who see an unprepared lawyer could grant a continuance so the lawyer can learn the basics, without discipline. Local bar associations could keep lists of lawyers trained in child development. And there could be more continuing legal education. They credit the association's juvenile courses, run with the Texas Indigent Defense Commission and the Juvenile Training Immersion Program.

If a young person ends up in juvenile court in Texas, they have a right to a lawyer who does the job effectively. Texas courts have said it's a constitutional right, and it's in the statutes too. This short 2022 column, by a Texas Tech law student, Jessica Lieck, and Professor Metze, asks: what if the lawyer doesn't really understand kids? Young people's brains are still developing. The prefrontal cortex isn't fully developed until well into a person's twenties. A kid may not be able to control their emotions or put into words what they need. So a lawyer has to know how to talk with them and really listen, especially when explaining how court works, what their rights are, how to get ready, and what their choices could lead to. Here's the catch. There aren't many juvenile lawyers in Texas to begin with, and piling on extra study could scare more of them off. So the authors suggest three fixes. A judge who sees an unprepared lawyer could give that lawyer more time to learn the basics, without punishing them. Local lawyers' groups could keep a list of lawyers who know child development, so others can go to them for help. And there could be more training classes for lawyers on this.

If you ever end up in juvenile court in Texas, you have a right to a lawyer who actually does the job well. Texas courts have said so. This 2022 column, by Texas Tech law student Jessica Lieck and Professor Metze, asks whether your lawyer understands young people well enough to pull that off. Their argument starts with the brain. Your prefrontal cortex isn't fully developed until well into your twenties, and a young client may not be able to control their emotions or say what they need. A lawyer who doesn't get child development might not explain things in a way that lands, or listen closely enough. The problem is there aren't many juvenile lawyers in Texas, and piling on extra study could push more away. So they pitch three fixes: judges giving unprepared lawyers more time to learn the basics, local bar groups keeping lists of lawyers who know this stuff, and more training for lawyers on child development.