Practice Tips

PRACTICE TIPS By: Katheryn M. Ogle

McDonald, Levy & Taylor, PLLC

IN THE BEST INTEREST OF THE CHILD

By definition of the Tennessee Supreme Court Rule 40, a Guardian ad litem is a lawyer appointed by the court to advocate for the best interest of a child and to ensure that the child’s concerns and preferences are effectively advocated. But what does that mean in practice? How does one begin to understand what the concerns and preferences of a child are, especially when many attorneys have no formal training in child development and may have no experience working with children and families?

Thankfully, Rule 40 goes on to explain in detail objective factors that relate to representing the best interest of a child, which include basic physical needs, emotional needs, and the child’s need for stability. For me, and for a few other attorneys who serve as Guardians ad litem, we had the good fortune to have been teachers before entering the legal world, so interacting with children comes naturally. In my ten years serving in this role, I’ve also picked up some helpful advice from other attorneys in juvenile court with whom I consulted in writing this article.

First and foremost, meet the child for whom you’re advocating in person, on their turf. In contrast to adult clients, most children have no means of transportation to come to their attorney’s office for a meeting, nor do they even have the ability to drive a car to a meeting with their lawyer. I have found that children, especially those in elementary school feel most comfortable meeting with a Guardian ad litem at home or at their school. Ideally, a Guardian ad litem should meet with their client in a few different settings, just to get an idea of where their client is the most comfortable.

In a first meeting with a minor client, I would advise not wearing court attire, if possible. Children pick up on small details that adults may not, and while meeting an attorney who is wearing a suit is expected for adult clients, it may be intimidating for a young child.

Falling in line with meeting a child client at their school, it is of significant importance to obtain your client’s educational and medical records. A Guardian ad litem’s appointment order from the juvenile court outlines all of the information that a Guardian ad litem is able to access, and I have found that educational professionals who are working with this at-risk child are more than willing to speak with a Guardian ad litem to further advocate for the best interest of a specific child. It’s also important in advocating for a child’s best interest to know if they have an IEP or require any special services at school, and whether their academic needs are being supported at home.

Serving as a Guardian ad litem was the reason I became an attorney, and this practice is one that can certainly allow an attorney to be invested in a child’s well-being and future success. Juvenile courts across the state are always looking for willing and competent attorneys to advocate for children who pass through their doors. I encourage all members of the bar to take a Guardian ad litem appointment if they’re able. It will be the most rewarding legal work in which you could ever be involved.