Atiya Mosley
Senior Staff Attorney | The Child’s Advocate, Legal Aid of North Carolina
I chose to write this month because April is Child Abuse Prevention Month. I am an attorney at The Child’s Advocate (hereinafter “TCA”), a special project of Legal Aid of North Carolina. Our mission at TCA is to advocate for our child clients' expressed interests and objectives in contentious custody disputes to ensure that their voices are heard, and their perspectives understood. Many of our clients have experienced physical, emotional or sexual abuse, been exposed to domestic violence, or suffered the toxic stress from years of litigation. Giving them a voice in their parents’ custody actions keeps the focus on their safety and well-being.
Like every member of the bar, TCA attorneys are bound by the Rules of Professional Conduct. The relationships that we have with child clients is the same relationship I had with clients when representing adults: a traditional attorney-client relationship which includes the duties of loyalty, competency and confidentiality.
Confidentiality is one of the hallmarks of the attorney-client relationship. In a developmentally appropriate way, we explain to each of our clients the concept of confidentiality at the start of our relationship. This concept in addition to taking time to build rapport enables our clients to trust us and to voice their wishes and concerns. We are loyal to our clients’ stated objectives which guide the representation.
I am specially trained to provide compassionate and trauma-informed representation and have extensive experience in the field of domestic violence prevention. At The Child’s Advocate, we follow standards promulgated by the ABA[1] and the NC State Bar. [2] As with adult clients, we provide counsel on the meaning and consequences of the child’s choices without intimidating and manipulating a child client into a position. Through zealous pursuit of each client’s stated objectives, we have improved the wellbeing and quality of life for the children we represent.
Most family law attorneys are familiar, at least anecdotally, with the risk factors to children – in particular their mental health– which result from parental conflict and contention. Giving our clients a strong voice is one of the ways we prevent further harm to our clients.
Feel free to contact The Child’s Advocate (leslied@legalaidnc.org) ) if you are a family law attorney and want to volunteer with The Child’s Advocate in Wake or Durham counties.
[1] American Bar Association, Section of Family Law Standards of Practice for Lawyers Representing Children in Custody Cases (2003).
[2] North Carolina State Bar, 2012 Formal Ethics Opinion 9.