Code of Maine Rules
94 - INDEPENDENT AGENCIES
649 - MAINE COMMISSION ON INDIGENT LEGAL SERVICES
Chapter 103 - STANDARDS OF PRACTICE FOR ATTORNEYS WHO REPRESENT PARENTS IN CHILD PROTECTIVE CASES
Section 649-103-4 - INVESTIGATION

A. Defense counsel must take all necessary steps to prepare each case. A thorough investigation is an essential element of preparation.

B. Defense counsel cannot rely solely on what the agency caseworker reports about the parent.

C. Defense counsel should contact service providers who work with the client, relatives who can discuss the client's care of the child, the child's teacher or other people who can clarify information relevant to the case. If necessary, the attorney should request that the Commission authorize the expenditure of funds to hire an investigator pursuant to Chapter 302: Procedures Regarding Funds for Experts and Investigators.

A. Defense counsel should meet with the client regularly throughout the case. The meetings should occur well before the hearing and not at the courthouse just minutes before the case is called before the judge.

B. Defense counsel should ask the client questions to obtain information to prepare the case, and strive to create a comfortable environment so the client can ask the attorney questions. Defense counsel should use these meetings to prepare for court as well as to advise the client concerning issues that arise during the course of the case.

C. Information obtained from the client should be used to propel the investigation.