Friday, February 10, 2012

No Dog in that Fight


OK, so this Thursday post is a few hours late.  Don't worry, there'll still be a TGIF post later.  It has been one heck of a week, and the weeks after a big trial always are, because we put everything else on the back burner until it's over.  We have a few new cases here in the Trenches.  One of them is a Best Interest Attorney case.  A Best Interest Attorney here in Maryland is an attorney appointed by the court to represent a minor child's best interest in a custody dispute between his or her parents.  They are, obviously, very highly conflictual cases, because a BIA is only appointed when the court feels there is a really high probability that one or both parents are so caught up in their conflict over their child that they can no longer accurately view their child's best interest.  Here in the Trenches, we love this role.  For the most part, our BIA clients do not have a dog in the fight, and they don't want to be caught in the middle (even though they are).  They haven't lived long enough to learn the subtleties of lying well, so they don't.  They are thrilled someone is listening to them and taking the pressure off of their backs (if you're in a high conflict case and think your children don't know and don't feel the pressure to choose, think again).  Witnesses love talking to the BIA once they learn about the role, because the BIA is there for the child.  Usually, one parent is not thrilled with the BIA at the end, but you can't please everyone all the time, and BIAs just need to please the Court with their thoroughness and look out for the best interest of their child client.  It is one of the truly collaborative (small "c") roles in litigation, as the BIA works with the child and the therapist and the school and the child's support network, to make recommendations that will help keep the child out of the middle and allow them to flourish.  It's a tough job, but the rewards are large too.  Here in the Tenches.

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