A provider selected for 3 All” will provide representation for all children and parents, “Lot – including all levels of child and parent conflict. Newly selected provider(s) should be prepared to accept all dependency cases outlined in their proposal, whether new or ongoing as of January 1, 2014. However, the Court reserves the right to delay transitioning exceptional cases to the new providers and may determine that in certain specified cases the currently appointed attorneys will not be immediately released from continuing representation if the Court determines, in its sound discretion, that transfer would jeopardize competent representation. In the event that an incumbent provider is selected to represent a different caseload from that currently represented, that provider should continue to represent any clients for whom the provider was identified as the attorney of record in active juvenile dependency proceedings prior to January 1, 2014. The provider must then use the conflict procedures described in below, to assure that counsel is provided for all parties in the that provider is section 5 “lot” responsible for. CONFLICT COUNSEL Proposers should describe how they will provide representation to all parties in their The “lot”. following guidelines describe two methods (the Walls Approach” in section A, and the “Ethical Approach” in section B) for providing conflict counsel when a case has more “Subcontractor than one client requiring representation by the proposer, or when proposer has a conflict of interest with a particular client in their Proposals may select one method and provide “lot”. details about how it will be implemented. Or, if the proposer intends to use a hybrid method (a combination of A and B), the proposer should describe their planned approach and provide details of how it will be implemented: Separate units, offices, or divisions within any proposed Ethical Walls Approach: organizational structure should have ethical walls that guard against the inappropriate disclosure or sharing of confidential client communications and information or case materials or files in relation to cases in conflict with each other. To that end, the organization should consider adopting procedures that provide for the following safeguards: Separate clerical trial and investigators among the units, offices, or divisions of the organization; Telephone, facsimile, photocopier, and computer systems and support that ensure the segregation of confidential client information and case specific information for any cases in conflict represented by the separate units, offices, or divisions of the organization; Separate case files; Internal procedures and protocols that ensure that all confidential case information relating to conflict cases assigned to given units, offices or divisions of the
A provider selected for “Lot 3 – All” will provide representation for all children and parents, including all levels of child and parent conflict. Newly selected provider(s) should be prepared to accept all dependency cases outlined in their proposal, whether new or ongoing as of January 1, 2014. However, the Court reserves the right to delay transitioning exceptional cases to the new providers and may determine that in certain specified cases the currently appointed attorneys will not be immediately released from continuing representation if the Court determines, in its sound discretion, that transfer would jeopardize competent representation. In the event that an incumbent provider is selected to represent a different caseload from that currently represented, that provider should continue to represent any clients for whom the provider was identified as the attorney of record in active juvenile dependency proceedings prior to January 1, 2014. The provider must then use the conflict procedures described in section 5 below, to assure that counsel is provided for all parties in the “lot” that provider is responsible for. CONFLICT COUNSEL Proposers should describe how they will provide representation to all parties in their “lot”. The following guidelines describe two methods (the “Ethical Walls Approach” in section A, and the “Subcontractor Approach” in section B) for providing conflict counsel when a case has more than one client requiring representation by the proposer, or when proposer has a conflict of interest with a particular client in their “lot”. Proposals may select one method and provide details about how it will be implemented. Or, if the proposer intends to use a hybrid method (a combination of A and B), the proposer should describe their planned approach and provide details of how it will be implemented: Ethical Walls Approach: Separate units, offices, or divisions within any proposed organizational structure should have ethical walls that guard against the inappropriate disclosure or sharing of confidential client communications and information or case materials or files in relation to cases in conflict with each other. To that end, the organization should consider adopting procedures that provide for the following safeguards: Separate clerical and investigators among the units, offices, or divisions of the organization; Telephone, facsimile, photocopier, and computer systems and support that ensure the segregation of confidential client information and case specific information for any cases in conflict represented by the separate units, offices, or divisions of the organization; Separate case files; Internal procedures and protocols that ensure that all confidential case information relating to conflict cases assigned to given units, offices or divisions of the trial
CFCC-13-10-RB-CFCC-13-10-RB-Marin-Dependency-Representation-Attach-4-Marin-Scope-of-Services.docx