Letter From An Attorney Template printable pdf download

November 9, 2016

Attorney #1

Attorney for Petitioner

Attorney #2

Attorney for Respondent

Re:

16CV12324, in the Matter of the Marriage of John Doe v. Jane Doe, Status Conference

Scheduled on December 15, 2016 at 9am, Division 115

Dear Counsel:

Please be advised that I have been appointed as Guardian Ad Litem for the minor children in the above

named case. I believe my paralegal has already contacted your office regarding payment and scheduling

meetings with your respective client.

Part of my role as GAL is to conduct an independent investigation of the situation. This means that I may

speak with teachers, counselors, therapists, police officers, relatives, neighbors, whomever I believe will

provide fair and objective information to the situation. Please note that ultimately I will make the

decision on who I speak with and what information I believe is credible.

While each case is unique and presents its own challenges, generally I see the job of a GAL as twofold.

The first is to ascertain and advocate for what the children want. It is important for me to give the children

a clear voice in court. I do believe, in most situations, it important to keep children out of court, for many

reasons. Of course, it can be difficult for children to feel as if they must “choose” one parent over

another. But additionally, I think that it is important to send the message to children that the adults make

the decisions in their lives: The adults’ job is to make rules and the children’s job usually is to explore

the limits of those rules. I believe that allowing children to testify not only damages them emotionally,

but also sends the message that they can manipulate the rules that their parents designed to keep them

safe. Rather than put them on the stand, I typically will report their wishes to the court, as close to

verbatim as possible. It’s the adults job to bring calm into an otherwise chaotic situation.

The second function of my work as a GAL, is making recommendations regarding what’s in the

children’s best interests. Sometimes my recommendations agree with the children’s wishes, and

sometimes they do not. I do try to present both positions in as balanced a way as possible. Also realize

that this is very subjective. There are most likely going to be differences between what I think is best for

the children and what each parent might think is best for their children. Remember that I am not working

against any parent, simply working for what I think is best for the children.

I typically try to write up written recommendations and distribute to the attorneys prior to the next hearing

date. I do ask that you treat my recommendations under Rule 23, and not disseminate directly to your

client. I normally put the recommendations on a separate page, and you may distribute that directly to

your clients.

As part of my investigation into the children’s wishes and their best interests, I will be speaking to each of

your clients, usually outside of your presence. Please notify me in writing or via email of any objections

you have to my speaking with your clients outside of your presence. If I do not receive such written

objections, I will assume that you consent to my speaking to your clients without counsel present. If at

anytime that permission is revoked, please advise me immediately. Please remind your clients that, while

Letter From An Attorney Template