25 Garner v. Schilling, 174 So. 837 (fla. 1937). See also Phillips v. Nationwide Mut. Ins. Co., 347 So. 2d 465 (Fla. 2d D.C.A. 1977). In the Phillips case, a father, as the closest friend representing his injured daughter, entered into a contingency fee agreement with a personal injury lawyer on behalf of his daughter. Id., p.
467. The lawyer represented the child in a claim for damages for the injuries sustained by the child in an accident. Id., p. 466. The child was not a party to the contingency fee agreement and a court had not approved the contingency fee agreement for this minor prior to this accident. Id. The District Court held that a contingency fee agreement, such as one entered into on behalf of a minor in Phillips, is binding on the minor if the trial court finds that the fees were reasonably necessary to engage an attorney on behalf of the minor and that the contract under which the attorney was employed was fair and reasonable at the time of closing. Id., pp. 467-67. In reality, few young people know that they have the right to seek advice. Upon admission to state care, all children should be given a copy of the “goals for dependent children,” which include the goal of appointing a lawyer “if necessary.” 14 However, it is not necessary for children to be expressly informed of their right to request the appointment of a lawyer, which is rarely, if ever, the case.
Moreover, even this option offers little respite to youth in state care who, like Matthew, are preverbal, non-verbal, disabled or have difficulty communicating their wants and desires to a large and often disturbing courtroom. In addition, the right to seek a lawyer helps children who are more mature but do not understand that they have unmet legal needs. What are the opportunities for these children? Who will speak on their behalf? Where will they find their voice? 5 See Children`s Advocacy Inst. & First Star, A Child`s Right to Counsel: A National Report Card on Legal Representation for Missused and Neglected Children 7 (2009), www.caichildlaw.org/misc/final_rtc_2nd_edition_ lr.pdf. Since First Star`s first report in 2007, 17 states have improved their laws on the legal representation of child victims by children in drug abuse and foster care court proceedings. Id. 26 The Government`s obligation to remunerate children`s lawyers in the context of dependency proceedings is not the subject of this article. n. a person (often a relative) who voluntarily assists a minor or a person who is legally incapable, including by taking legal action. However, this informal practice has been replaced in almost all States by requests for the appointment of a guardian ad litem at the time of the commencement of the action.
See: tutor ad litem. A person acting on behalf of another person who does not have the legal capacity to act on his or her own behalf. Stakeholders and legislators have made concerted efforts in recent years to bridge the gap between Florida and other states when it comes to the representation of child victims in foster care proceedings. In 2008, the Florida Bar Association`s Children`s Legal Needs Committee began drafting a bill to counsel children in certain cases of dependency and termination of parental rights.8 Their subsequent 2010 bill provided that children would be represented by attorneys in certain articulated cases, including children who have been in care at home for more than two years and in whose cases no TPR application has been filed. Children with developmental disabilities and children who have been prescribed psychotropic drugs.9 The bill died on the Order Paper when it was introduced in the Childhood, Family and Senior Citizens Committee. Today, Florida children still do not have the legal right to independent legal representation. At common law, if a person is unable to defend his or her own interests or make an application, the court appoints a person to represent his or her legal interests. In judicial terminology, this person was referred to as the closest friend, which is derived from the French term prochein ami. People who needed another friend included minors, the mentally ill or mentally retarded, frail or senile people, and others whose disabilities prevented them from managing their affairs. In cases of abuse and neglect, children and their parents are parties to the proceedings in the Family Court. The court appoints a guardian of the proceedings to represent their interests.
Children at a young age are rarely involved in actual legal proceedings. The guardian reviews the court`s reports, interviews the parties and makes recommendations to the court on measures necessary to protect the safety and well-being of the children. The trial guardian participates fully with other lawyers in hearings, makes opening and closing statements, cross-examines witnesses and presents evidence. 2. The following friend, guardian, tutor or curator shall have the power and authority to enter into a contract on behalf of the minor to settle the claim, claim or judgment of the minor, provided that such contract and settlement do not take effect until it has been approved by the court. The friend, tutor and the following tutor or curator also has the power and authority to execute and sign a discharge or the satisfaction and exoneration of a judgment binding on the minor, if the court orders the execution of such discharge or the satisfaction and enforcement of the judgment. Others may argue that a legal right to representation is not necessary because the court on its own initiative or a party to a dependency action may ask the court to appoint a lawyer to represent the child.11 Parties to the case include the Department of Children and Family, the guardian ad litem`s representative, the parents, and the child.12 In other words, Florida law indirectly adheres to the principles of First Star and allows dependent youth as a party to “appeal, initiate legal proceedings. and to make statements to the court or the hearing officer with the assistance of counsel. 13 In sum, as parties, children in foster care can ask the court to appoint a lawyer to help them better express themselves in court, thereby reducing the need for automatic representation of all dependent youth and reserving a lawyer for cases where the child genuinely needs help advocating on his or her behalf. Another case occurred after the monkey selfie case, when the animal rights organization People for Ethical Treatment of Animals sued photographer David Slater and claimed to be the closest friend of a Sulawesi crested macaque. A future friend is not a party to a lawsuit, but a court official.
When the dispute is over, the next friend`s assignment ends. The next friend does not have the right to control the property of the person he represents or to take custody of that person. These rights may be transferred to a person appointed by a court as guardian of a minor or a prohibited person.
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