Duties of a Lawyer Representing a Child

(a) Nevada Rules of Professional Conduct. The child’s lawyer shall maintain a normal lawyer-client relationship with the child in accordance with the Nevada Rules of Professional Conduct. The child’s lawyer shall provide legal services for the child, and owes the same duties, including zealous advocacy, undivided loyalty, confidentiality, and competent representation, as are due to a client who is an adult. Nothing in these rules is intended to abrogate the lawyer’s ethical obligations set forth in the Nevada Rules of Professional Conduct. (b) Client-directed representation. (1) A child who is capable of expressing his or her objectives is capable of directing representation. When the child is capable of directing representation, the lawyer must abide by and advocate for the child’s expressed wishes, even if those expressed wishes are in conflict with the child’s apparent best interests. (2) If the lawyer is unsure of whether the child is capable of directing representation, the lawyer shall follow RPC 1.14 to determine whether the child has diminished capacity to direct representation. The lawyer shall consult with the child, and may consult with other individuals or entities that can provide the lawyer with the information and assistance necessary to determine the child’s ability to direct representation. When a child has diminished capacity, the child’s lawyer shall make a good faith effort to determine the child’s needs and wishes. The lawyer shall, as far as reasonably possible, maintain a normal lawyer-client relationship with the client to the extent reasonably possible. During a temporary period or on a particular issue where a normal lawyer-client relationship is not reasonably possible to maintain, the child’s lawyer shall make a substituted judgment determination. A substituted judgment determination includes determining what the child would decide if he or she were capable of making an adequately considered decision, and representing the child in accordance with that determination. (3) In formulating a substituted judgment determination, the child’s lawyer’s advocacy should be child-centered, research-informed, permanency driven, and holistic. The child’s needs and interests, not the adults’ or professionals’ interests, must be the center of all advocacy. For example, lawyers representing very young children must truly see the world through the child’s eyes and formulate their approach from that perspective, gathering information, and gaining insight into the child’s experiences to inform advocacy related to placement, services, treatment, and permanency. The child’s lawyer should be proactive and seek out opportunities to observe and interact with the very young child client. It is also essential that lawyers for very young children have a firm working knowledge of child development and special entitlements for children under age 5. When making a substituted judgment determination, the lawyer shall take into consideration the child’s legal interests based on objective criteria as set forth in the laws applicable to the proceeding, the goal of an expeditious resolution of the case, and the use of the least restrictive or detrimental alternatives available. (4) Because a child will naturally age, mature, and develop during the course of representation, the lawyer should continually reassess the child’s capacity to direct the lawyer. (5) The role of a child’s lawyer is distinct from the role of a guardian ad litem appointed under NRS 432B.500 . A lawyer for the child shall not serve as a guardian ad litem in the same case or in a related matter. (c) Participation in proceedings. A child’s lawyer shall participate in any proceeding concerning the child with the same rights and obligations as any other lawyer for a party to the proceeding. The lawyer for a child can communicate the child’s legal position, and any other relevant supporting information, to the court in the same manner as any other lawyer for any other party. Additionally, the child’s lawyer shall advise the child of the child’s right to participate in the proceeding, and the means by which the child may participate. If the child is required to attend the proceeding by court order, subpoena, or otherwise, the lawyer shall counsel the child about his or her obligation. If the child does not want to participate, or wishes to waive the right to attend after being informed about the child’s rights and the nature of the hearing, the lawyer shall inform the court of the child’s decision not to attend. (d) Duties of the child’s lawyer. The duties of a child’s lawyer include, but are not limited to: (1) Taking all steps reasonably necessary to represent the client in the proceeding, including but not limited to: interviewing and counseling the client, preparing a case theory and strategy, preparing for and participating in negotiations and hearings, drafting and submitting motions, memoranda, and orders; (2) Reviewing and accepting or declining, after consultation with the client, any proposed stipulation for an order affecting the child and explaining to the court the basis for any opposition; (3) Taking action the lawyer considers appropriate to expedite the proceeding and the resolution of contested issues; (4) Where appropriate, after consultation with the client, discussing the possibility of settlement or the use of alternative forms of dispute resolution and participating in such processes to the extent permitted under the law of this state; (5) Meeting with the child prior to each hearing, to include regular in-person meetings every quarter; however, the child’s lawyer may vary the frequency and the modality of client meetings under exceptional circumstances; (6) Where appropriate and consistent with both confidentiality and the child’s legal interests, consulting with the CASA or guardian ad litem; (7) Investigating and taking necessary legal action regarding the child’s medical, mental health, social, education, and overall well-being, whenever possible; (8) Visiting the home, residence, or any prospective residence of the child; (9) Seeking court orders or taking any other necessary steps in accordance with the child’s direction to ensure that the child’s health, mental health, educational, developmental, cultural, and placement needs are met; and representing the child in all proceedings affecting the issues before the court, including hearings on appeal or referring the child’s case to the appropriate appellate counsel as needed. Nothing in this rule requires the child’s lawyer to represent the child in proceedings outside the proceedings for which the lawyer was appointed. [Added; effective January 1, 2023.]