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Overcoming the Adult-Child Dyad: A Methodology for Interviewing and Counseling the Juvenile Client in Delinquency Cases

NCJ Number
112682
Journal
Journal of Family Law Volume: 26 Issue: 3 Dated: (1987-88) Pages: 545-578
Author(s)
K H Federle
Date Published
1988
Length
34 pages
Annotation
After reviewing the attorney's obligations to the juvenile client and the attorney's failure to fulfill these obligations due to pervasive myths, this article presents a methodology for interviewing juvenile clients that will overcome the problems of the adult-child dyad.
Abstract
Since effective and ethical lawyering requires that the client be central in the devising of case strategy, attorney client-centered interviewing and counseling skills must elicit from clients important case facts and decisions pertinent to case strategy. Attorneys with juvenile clients most often fail to involve their clients in case decisions largely due to myths that juveniles, particularly delinquent juveniles, are incapable of contributing responsibly to case decisionmaking. Attorneys typically assume the adult role of the authority figure making decisions for dependent and incompetent children. An analysis of juvenile capabilities, however, indicates they are as capable as most adults in contributing to decisions that affect their lives, but eliciting such involvement usually requires expert communication skills from the attorney. The recommended approach to the juvenile client takes into account the client's individualism by focusing on psychology, language, culture, and cognition. These definitional frameworks enable the attorney to listen, understand, and communicate with the juvenile client. 187 footnotes.