21. I require you to provide me with all options and associated risks so I can make a fully informed, intelligent decision. I require you to provide these things in an adequate amount of time. 22. I require you to return each of my phone calls and emails within 24 hours. 23. I require you to keep me apprised of the status of my case and any new developments as they arise in a very timely manner. Do not represent to the prosecutor that I will entertain any agreement without consulting me first.
24. I require you to immediately provide me with a copy of any and all paperwork you send out or receive pertaining to my case and do so with ample time for me to consult with the necessary individual(s) to make decisions about how to proceed and/or what motions need to be filed. I will not accept for any reason disclosure/information that does not give enough time to file a motion or anything else pertaining to this case to the court within the law according to due process and timelines. 25. I require you to follow up every interview with me or any prosecution witnesses with a letter to me explaining your understanding of the discussion and the actions that will be taken. I require electronic documentation of all letters and agreements.
26. I require you to provide me with an interview before every court date in order to prepare the presentation for such court date and plan and maximize strategy for the prompt return of my Child(ren). This must be provided in a timely and substantial manner. 27. As my attorney, I do not give you the authority to sign anything on my behalf, including any documents filed with the court. All documents will require my signature along with yours to verify that I have reviewed the document and agree with it. If I do not understand the purpose and nature of said document, you will explain it to me so that I can understand it. You will provide me with a copy of the signed document immediately. You will give me adequate time to consult with certain individuals as to the contents of the documents prior to demanding my endorsement. I request enough time in advance for individuals to advise me or you as to changes or anything else.
28. I do not give you the authority to speak with the judge, prosecutor, social workers, Law Guardians, or anyone else connected with this case outside of my presence where I cannot hear and participate in the discussion. This includes sidebar conferences in the courtroom, conferences with prosecutors/county attorneys and conferences in the judge’s chambers. In the event that I cannot be physically present I require that I be included via a speakerphone or conference call, and that you do not discuss my case with any of the principles unless I am able to participate in and listen to every communication. In the event that a judge orders you to participate in a discussion outside of my presence, I require that you decline to participate unless I am present and that you appeal that order immediately as an unlawful order that violates our private contract. In the event that you conduct these prohibited communications with the principles outside of my presence, I will view it as unethical behavior and act accordingly.
29. I require you to object often and effectively during hearings and trials. I require you to raise appealable issues at every opportunity, regardless of whether you think the judge will rule against you or not. In the event I am convicted/adjudicated, if you have raised sufficient appealable issues, I will not have to appeal based on ineffective assistance of counsel or sue you for malpractice or file a professional complaint against you. Such issues include the use of hearsay evidence, speculation, manufactured diagnoses by unqualified witnesses, violations of due process based on constitutional issues, violations of constitutional rights, improper jury instructions, introduction of evidence that you have not had the opportunity to examine, et.al.
30. I require you to contest the validity of psychological evaluations. I require you to challenge any and all applicable evidence that can be challenged under the Daubert standard recently adopted in this state. 31. I require you to diligently attempt to impeach all prosecution witnesses. I require you to diligently examine all prosecution evidence and witnesses prior to trial, and use your findings or the findings of my advocates to impeach them. 32. I require you to present expert witnesses and other witnesses who can benefit my case. 33. I require you to consult with any and all person(s), organizations, and groups that you are aware of or I inform you of that could be beneficial for my defense.
34. I require you to follow the instructions pertaining to these people. If I inform you of such a person(s) you can assume these people have already agreed to be witnesses on my behalf and I expect you to utilize them effectively in my defense. 35. I demand the right to face my accuser. I require you to demand that the alleged child witness be available to testify in court we be allowed to examine them prior to trial and I require you to obtain all of their medical records, psychological records, social services records, etc. Be aware that they will not fully disclose all information under services records, etc. Be aware that they will not fully disclose all information under discovery and you will have to fight for it. It is not your job to say this can’t be done, it is your job to find a way to do it or at least make reasonable efforts to do so.
36. I demand a Taint Hearing-to determine if the child’s testimony has been tainted by improper interview techniques such as being asked leading questions, use of anatomically correct dolls, etc. or if he/she has been coached to make a false disclosure/statements against me etc. this will be used to exclude tainted elements of his/her statements from testimony during trial. If you do not understand what a taint hearing is or how to effectively use it consult local/community resources or fellow legal professionals for advice. 37. If a Taint Hearing is denied, I require you to appeal that ruling immediately.
38. If you have any questions about this agreement you may ask me and if I cannot respond by phone I will respond through email. Be advised, I will have advocates monitoring the progress and actions in this case. While most individuals may not be literate in the area of criminal/family/juvenile law, I am and have many advocates who are and who are willing to watching out for my rights and my best interests. 39. I declare this document to be privileged communication between me and my attorney and you are specifically prohibited from disclosing the fact of this document’s existence or its contents to anyone else, including but not limited to any associates, partners or supervisors, and/or any judges.
40. I assert that I am not asking you to do anything illegal or unethical in my defense. If I am demanding something that you cannot do, you are required to explain to me why it can’t be done and you must offer an acceptable alternative that will achieve the same results. 41. If at any time you do not feel you can fulfill these requirements, you are required to notify me immediately in writing and request to be withdrawn from my case and a replacement attorney be appointed. This shall be done by you and you alone if you are unable to comply with ALL of the obligations, demands, and requests being made.
