Michigan Law School Professor: Parental Rights Attorneys Too Often Give Up Instead of Fighting

For the past few weeks, I’ve been reading transcripts from child protective hearings. Hundreds of pages of transcripts. I’ve seen examples of clear legal errors. I’ve read many lines of parents’ lawyers grumbling and complaining. I’ve read even more of those lawyers simply agreeing to whatever the agency is proposing. I’m still waiting, though, to see one key phrase in the transcripts. I’m waiting for one lawyer to say it. “I object.” In fact, in the six years I’ve co-directed the Child Welfare Appellate Clinic at the University of Michigan Law School, I’ve rarely seen that phrase in a transcript. I’ve rarely seen motions filed by parents’ lawyers, even when confronted with obvious mistakes. I’ve rarely seen a hint of outrage about the process. Instead, I usually see very little advocacy. I’m typically struck by the acquiescence of the lawyers in the courtroom.