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41 Fam. L.Q. 393 (2007-2008)
When Did Lawyers for Children Stop Reading Goldstein, Freud and Solnit - Lessons from the Twentieth Century on Best Interests and the Role of the Child Advocate

handle is hein.journals/famlq41 and id is 405 raw text is: When Did Lawyers for Children
Stop Reading Goldstein, Freud and
Solnit? Lessons from the Twentieth
Century on Best Interests and the
Role of the Child Advocate
JANE SPINAK*
Lawyers for children are faced with a difficult dilemma each time they
meet a new client. Unlike lawyers for adults, who begin most initial meet-
ings with their clients figuring out the kind of legal problem that the client
presents, lawyers for children begin with trying to determine what profes-
sional relationship the lawyer and client will have. The answer-which
may even vary over the course of the representation-requires the lawyer
to consider a multitude of factors, including how many of these factors are
for the lawyer to determine on her own and how many are for the client to
determine. The factors can be organized into four categories: the type of
legal situation the client faces, the state law governing representation for
children, the professional codes and standards in effect, and the nature of
the client. Diffused through these categories is the complexity of societal
values about family life, individual and familial liberty and autonomy, and
governmental power and responsibility. Overlaying this complexity is a
concept that has now gained international status: the best interest of the
child (BLOC). A recent symposium, The Child and the Nation-State:
France, Sweden, and the US, 1900-2000, asked participants to consider
* Edward Ross Aranow Clinical Professor of Law, Columbia Law School. My thanks to
Lisa Tiersten and Lars Tragardh for inviting me to participate in the symposium discussed in
this article and for providing me with insightful comments on an earlier draft, and to Courtney
Howard for excellent research assistance.

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