Updated principles aim to support ‘best practice’ in representing children

First published in 2000, the guide provides invaluable information for children’s lawyers, covering a range of important topics, including understanding who the client is, the role of the solicitor throughout the proceedings, taking instructions, duties of representation, and many more.

President of the Law Society of NSW, Jennifer Ball, acknowledged that the latest edition provides useful content for practitioners. “Our publication of this specialised resource for lawyers presenting children in criminal law, family law, and care and protection matters, recognises that children require skilful legal advice and support to navigate legal proceedings that affect them.

“I’m especially pleased that this resource is being published in the 50^th year since the Law Society pioneered a scheme to provide legal representation for children,” she said.

The latest edition possesses two key updates, including a new chapter on representing Indigenous children, as well as updated information on representing children in criminal proceedings.

As Ball points out, the principles encourages solicitors to meet with the children they represent as early as possible and to ensure their communications are “child-focused and compassionate.

“Importantly, children should be given the opportunity to express their views on legal matters that will affect their lives,” she said.

The fifth edition was informed by expert legal practitioners on the Law Society’s Children’s Legal Issues Committee. Other committees, including the Indigenous Issues, Family Law and Criminal Law Committees, also contributed important insights along with children’s law experts from Legal Aid NSW, the Aboriginal Legal Service (NSW/ACT) Limited, as well as senior academics in children’s law and psychology.

The President welcomed the input of children and young people, who shared their important insights into their experiences in the justice system, as well as their thoughts on their legal representatives.

“Each chapter of the Representation Principles concludes with quotes from young people about their experience with their lawyer and legal proceedings.

“These frank, and sometimes confronting, comments demonstrate the critical role lawyers play in ensuring children involved in legal proceedings are heard and supported as they navigate what can be a distressing, confusing or isolating experience,” Ball said.

The Law Society welcomes feedback and further input for future editions, particularly from children and young people. You can read the principles here.