should you listen to your attorney or dhs when given advice

by Kathryn Schultz 10 min read

How can a lawyer help with a DHS investigation?

Nov 22, 2016 · 2 attorney answers. You will be better off in the log run if you just go in and talk to her, with or without a lawyer as you prefer. The DHS worker cannot arrest you herself, but she can make your life very uncomfortable and draw attention to you from someone who can arrest you.

Is it bad to give legal advice to a client?

How do I talk to a CPS lawyer?

Should I hire a court appointed Attorney for my CPS case?

free advice and legal representation to parents whose families are involved with the Department of Human Services (DHS). If you are a victim of domestic violence, and you live with the abuser, DHS may tell you to leave your abuser to protect yourself and your children. For help getting out of the abusive situation and into a women’s shelter call:

Should you always follow your lawyers advice?

As a general rule, you should follow your attorney's advice, and you should only choose and hire an attorney that you think will give you good advice. Just make sure you understand that ultimately you bear the responsibility for what you do, no matter who told you to do it.Feb 18, 2017

How often should you hear from your attorney?

You should never be afraid or feel like an intrusion to contact your attorney every three weeks or so, or more frequently if there is a lot going on with your health or other matters related to your legal case. There is of course a limit to how much you should be contacting or sharing.Jun 17, 2020

What should you not say to a lawyer?

9 Taboo Sayings You Should Never Tell Your LawyerI forgot I had an appointment. ... I didn't bring the documents related to my case. ... I have already done some of the work for you. ... My case will be easy money for you. ... I have already spoken with 5 other lawyers. ... Other lawyers don't have my best interests at heart.More items...•Mar 17, 2021

What is the most common complaint against lawyers?

Perhaps the most common kinds of complaints against lawyers involve delay or neglect. This doesn't mean that occasionally you've had to wait for a phone call to be returned. It means there has been a pattern of the lawyer's failing to respond or to take action over a period of months.

How long should I wait to hear from my attorney?

A: The lawyer should be responsive to your questions within 24-48 hours after you left a message. If the lawyer is not responsive, perhaps he or she is on vacation and unable to return.Dec 28, 2019

Why do lawyers ignore you?

There's bad news your attorney doesn't want to deliver. If your attorney is not experienced or efficient, they may have missed a deadline or made another mistake and aren't willing to confess their error. There could also be some bad news that is entirely outside of the attorney's control.Mar 29, 2021

How do you know a bad lawyer?

Signs of a Bad LawyerBad Communicators. Communication is normal to have questions about your case. ... Not Upfront and Honest About Billing. Your attorney needs to make money, and billing for their services is how they earn a living. ... Not Confident. ... Unprofessional. ... Not Empathetic or Compassionate to Your Needs. ... Disrespectful.Aug 19, 2020

How do I know if my lawyer is good?

So if you're curious, use these five quick ways to research whether your lawyer is legit:State Bar Profile. Every lawyer who is licensed to practice law in your home state must be listed in your state bar association's directory. ... Google / Search Engines. ... Yelp. ... The Attorney's Own Website. ... Third-Party Rating Groups.Sep 18, 2014

How do you talk like a lawyer?

8:4911:16How to Speak like a Veteran Lawyer in 11 minutes - YouTubeYouTubeStart of suggested clipEnd of suggested clipSo when you speak and it's very hard to explain empathy and non verbals. But you're going to useMoreSo when you speak and it's very hard to explain empathy and non verbals. But you're going to use very soft friendly. Body language tonality and eye contact.

What is unethical for a lawyer?

Attorney misconduct may include: conflict of interest, overbilling, refusing to represent a client for political or professional motives, false or misleading statements, knowingly accepting worthless lawsuits, hiding evidence, abandoning a client, failing to disclose all relevant facts, arguing a position while ...

How do you know if a lawyer is scamming you?

Some common signs of a scam include:Payment needs to happen quickly. You can't ask questions or get clarification.It's an emergency. Someone may threaten you or your loved ones.Requests for money usually happen over text, email or phone.The person contacting you is not someone you recognize.Mar 29, 2021

How do you write a complaint letter about a lawyer?

Formal complaint against [name of lawyer or law firm] describe what the lawyer had been hired to do for you [for example dealing with the sale or purchase of a house] • say when this was [give the date or dates when the problem occurred]. My complaint is that [list what you think went wrong or wasn't done properly.

What to do if you turn away a CPS worker?

If you turn away a CPS worker because you feel unprepared, ask to schedule for another time. After rescheduling, call your lawyer and ask how best to prepare for your home visit.

What happens if you are not home when the CPS worker arrives?

If you’re not home when the CPS worker arrives, they will leave contact information so you can schedule another time to visit. CPS can ask you nosy and invasive questions. CPS might ask you questions that seem irrelevant to your case. These questions are not accusations.

How long does a CPS investigation last?

5 Things CPS Can Legally Do. A CPS investigation can last for up to 18 months! During this time, there are some things that CPS might attempt. If you’re unsure about the legality of how CPS is conducting an investigation, you can always call a lawyer to get legal advice on the situation.

What does CPS want to know about a family?

If you are under investigation, do not panic. CPS social workers want to know the family’s dynamic and conditions of the home. It’s rare that CPS purposefully seeks to villainize or discriminate against parents. The last thing that CPS wants to do is take kids away from their families.

What happens if you don't speak English?

If you do not speak English, you have the right to an interpreter. Caregivers have the right to talk to their caseworker candidly about the ongoing investigation. However, parents and caregivers should remember that these exchanges are not confidential and can be used in court.

Can a CPS talk to a child?

CPS can talk to your child without your permission. This comes as a shock to a lot of parents, but CPS can legally talk to your child alone. If the abuse allegations are quite serious, CPS may attempt to speak with your child before they talk to you.

Does CPS investigate claims?

CPS must investigate every claim that’s made, even if it’s false. This is frustrating for a lot of parents and caregivers, as the claims could be completely falsified or taken out of context. However, investigating a claim isn’t a suggestion or a policy- it’s the law and every claim must be taken seriously.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

Why do people hire lawyers?

Most people hired attorneys because they don't want to sit in court. Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

Why is credibility important in court?

Credibility is one of the most important things in this world - and most important in a courtroom. If you care enough only to wear sweats to the courthouse, then the judge will see that you don't care, and that will be reflected in their desire to help you, listen to you, and decide in your favor. Step it up.

What to say when a judge can see your boobs?

If the judge can see your boobs, he's not listening to your story. If I can see your boobs, then I know you didn't care enough about yourself to talk to an attorney. Dress like you are going to church. Credibility is one of the most important things in this world - and most important in a courtroom.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

What to do if no one can confirm a story is true?

If no one can confirm that the story is true, you will at least need something external, such as a hard copy document, to prove your case. Be prepared.

Do lawyers need to take more cases?

Don' t forget that lawyers don't always need to take more cases. Yes, new clients are a great thing, but I don't want clients that will eat all my time and get no where fast. Your tip: keep your communication very simple and to the point.

What to ask a worker about their rights?

Ask your worker about those rights or research them on your own. If you get a surprise visit, you can ask for time to look up your rights. You have more control over the situation than you think. For example, you can say to a worker, “I’d like to talk to you in a few days after I’ve looked over my rights.”

What happens if you refuse to allow a child to be interviewed?

That basically means that if you refuse to allow the child to be interviewed, CPS must obtain a court order from a judge stating that you must allow the interview or that the situation must be of such an emergency or risk that the child must be taken into the investigator's custody and interviewed.

What happens if you refuse a drug test?

The way you react to being asked to take a drug test matters. If you refuse, you can be court-ordered to take one. If you are court-ordered, they will take a nail scrape, a hair follicle, or some other type of test that looks further back into your history, and you will be required to take this test. So you can not “fool” a test or change the results by refusing, delaying, and requiring that a court order be gotten to buy you more time.

What do investigators ask about abuse?

Workers screen children for all types of abuse or neglect, regardless of the actual allegation. Investigators will ask questions about the allegation, but they will also ask broad, general questions about all types of abuse and neglect.

How long does it take to get a response from a court?

This is not a policy; this is the law. Case response time is 24 to 72 hours, depending on the case. Some factors, such as screening and routing, can take slightly longer. In general though, a case will get a response within 72 hours.

How long does it take to respond to a foster parent's report?

This is not a policy; this is the law. Case response time is 24 to 72 hours, depending on the case.

Why is the case of a high school freshman closed?

Therefore, this case might be closed at intake because no real neglect is occurring.