Questions To Ask Early On
Here are some questions, from our experience, that are worth asking your Lawyer early on in the case. Whether it’s Child Protection or Criminal Lawyer, give these questions a read and see which ones apply to you. This list is meant to be a start, to get your mind going on questions you need to ask. These are not the only questions you need to/should be asking, but are more so a guideline and starting point.
o What exactly are the allegations being made?
o What evidence are they relying on?
o What evidence hasn’t been reviewed yet?
o Are there timelines or records we should start gathering immediately?
o What mistakes do families commonly make early in cases like this?
o What communication should we avoid right now?
o What are recording laws for conversations here?
o What are the biggest risks in our case?
o What are the biggest strengths?
o What is the prosecution/CAS/CPS likely trying to prove?
o What does success realistically look like in this case?
o What should be NOT be doing right now?
o What can accidentally hurt our case even if our intentions are good?
o Should we seek independent medical reviews?
o What type of specialist is most important in cases like this?
o Are there experts with experience in rare disorders, prematurity, genetics, connective tissue disorders, etc.?
o How much weight do courts usually give hospital child abuse teams?
o What medical records should we request immediately?
o Should we preserve imaging, scans, photos, growth charts, feeding records, NICU records, etc.?
o Have all underlying medical conditions been fully ruled out?
o Were differential diagnoses properly explored?
o Were opinions formed before all records were available, and reviewed?
o What rights do parents actually have during investigations?
o What should parents document moving forward?
o How can supervised visits impact parents psychologically or legally?
o What does compliance vs disagreement look like legally?
o What gets interpreted negatively by the system even when it shouldn’t?
o How do we advocate for ourselves without appearing “hostile” or “non-compliant”?
o What can we do to ensure this is easiest on the children?
o What qualifications should we look for in experts?
o Can we challenge the qualifications or methods of opposing experts?
o What diagnostic criteria are they relying on?
o Are those criteria widely accepted or controversial?
o What records should an assessor always review before giving an opinion?
o Can independent experts review the same evidence?
o What, if any, Assessments are you expecting they will want to do on us as parents?
o Should we request disclosure now?
o What records are families entitled to receive?
o Should we keep a written timeline?
o What interactions should be documented?
o Is it helpful to keep emails instead of phone calls?
o What records tend to “disappear” or become important later?
o Can we establish a Court Order early on to be able to gather disclosure on a regular basis?
o What assessment tools are likely to be used?
o Are those tools validated for forensic use?
o What collateral records will be reviewed?
o Can we challenge inaccurate assumptions in reports?
o What happens if an assessor relies heavily on one narrative source?
o Are they using diagnostic criteria appropriately?
o What are the possible outcomes here?
o What timelines should we realistically expect?
o What conditions or restrictions could happen?
o Should we avoid speaking publicly?
o What should we know before speaking to investigators?
o What mistakes do innocent people commonly make?
o Can old posts/messages be used against us?
o How long do cases like this realistically take?
o What should we prepare for emotionally?
o How do parents protect themselves mentally during long cases?
o What support systems are actually helpful?
o What should we do if we feel pressured into agreeing with inaccurate information?
If this was your family Member, what would you tell them right now?