Things to advise your attorney in writing: 1. Since I have not abused/neglected my children, I do not see the need to comply with a case plan/treatment plan. If one is presented in court, I expect you to object to it on the grounds that is unnecessary and irrelevant. If you are overruled-I insist that you file an immediate appeal to that ruling. A case plan/treatment plan is punishment without due process. 2. I will not accept a false please bargain or falsely admit guilt. 3. I demand a trial by jury. (Available for D&N in Colorado) 4. I am working with advocated from the Family Solidarity Coalition. I expect that you will cooperate with their efforts and fight for my right to utilize their services. If you cannot, you are required to tell me now and request to withdraw from the case due to your refusal to work with them. 5. I require you to contest any finding that Reasonable Efforts were made. For authority see Making Reasonable Efforts by the Youth Law Center. Obtain a copy at 415-543-3379 or the Edna McConnell Clark Foundation at 212-551-9100. 6. I expect you to object on the record to all ex parte hearings that exclude me. If any are held over your objections, you must appeal. 7. I will not attend any classes, therapy or psychological evaluations that are conducted by providers who are not of my own choosing or whose values violate my principles or faith. 8. I will not sign any releases of confidential information, as it is a violation of my right to privacy and my right against self-incrimination. You must protect those rights. If you are overruled-appeal the ruling. You may craft restricted releases which only reveal whether I can provide safe and appropriate care for my children and direct all information to flow through you. 9. I demand that any treatment plan that I do approve have a clearly defined termination point-either a specific time frame or the completion of specific acts. And that upon the completion of the plan, it is put in writing that my children are returned and CPS intervention must cease. 10. I demand that you insist that I and my advocates participate in the formation of any treatment plan as required by statute. 11. Regardless of the fact that this situation is classified as a civil matter, I expect you to demand that all my rights be protected as if it were a criminal matter. If the substance (meaning the consequences and punishments) of these proceedings hold comparable detrimental results as a crime, then the protections must also be the same. You MUST raise constitutional rights issues whenever they are violated. 12. I require you to insist on my presumption of fitness as a parent. 13. I require you to expose every lie by the agents of the state during hearings. I also require you to establish that these people are biased against me during hearings. 14. I require you to demand that my children be returned home. If you don't ask for it, we won't get it. If it is denied, appeal the ruling. The following could be for a court-appointed lawyer that you don't trust and cannot get replaced: 15. As my court-appointed defense lawyer, I expect a diligent and vigorous defense to be presented on my behalf and that you competently pursue an acquittal. I am stating for the record that I am innocent of the charges against me. 16. I am aware that a large percentage of child abuse convictions occur not because the defendant was guilty, but because the defense attorney did not do his job properly and/or because the defense attorney sold his client out. Consequently I require that you comply with the following instructions to insure I receive an adequate defense (these instructions are not negotiable): 17. If you do not believe I am innocent, I require you to inform me of that fact immediately so you can be replaced by the court. You will request the court to replace you based on your inability to adequately defend me. 18. If you do not believe you can adequately defend me, I require you to inform me of that fact immediately so you can be replaced at your request to the court based on your inability to adequately defend me. 19. If you have a personal bias against me for any reason, including but limited to race, heritage, religious beliefs, personality, or any other reason, I require you to inform me of that fact. Otherwise I will expect to be treated with respect and courtesy. 20. I require you to get my bond reduced to a reasonable amount-my bail is currently unconstitutionally excessive. 21. I require you to provide me with all options and associated risks so I can make a fully informed, intelligent decision. 22. I require you to return each of my phone calls within 24 hours. 23. I require you to keep me apprised of the status of my case and any new developments as they arise. Do not represent to the prosecutor that I will entertain a plea bargain-I will not accept any plea bargain. 24. I require you to immediately provide me with a copy of any and all paperwork you send out or receive pertaining to my case. 25. I require you to follow up every interview with me or any prosecution witnesses with a letter to me explaining your understanding of the discussion and the actions that will be taken. 26. As my attorney, I do not give you the authority to sign anything on my behalf, including any documents filed with the court. All documents will require my signature along with yours to verify that I have reviewed the document and agree with it. If I do not understand the purpose and nature of said document, you will explain it to me so that I can understand it. You will provide me with a copy of the signed document immediately. You will give me adequate time to consult with my advocates as to the contents of the documents prior to demanding my endorsement. If you desire, you can forward a copy of the document to my advocate-insert advocate/consultant's name-enough in advance for her to advise me or you as to changes or anything else. 27. I do not give you the authority to speak with the judge, prosecutor, social workers, GAL, or anyone else connected with this case outside of my presence where I cannot hear and participate in the discussion. This includes sidebar conferences in the courtroom, conferences with prosecutors/county attorneys and conferences in the judge's chambers. In the event that I cannot be physically present I require that I be included via a speaker phone or conference call, and that you do not discuss my case with any of the principles unless I am able to participate in and listen to every communication. In the event that a judge orders you to participate in a discussion outside of my presence, I require that you decline to participate unless I am present and that you appeal that order immediately as an unlawful order that violates our private contract. In the event that you conduct these prohibited communications with the principles outside of my presence, I will view it as unethical behavior and act accordingly. 28. I require you to object often and effectively during hearings and trials. I require you to raise appealable issues at every opportunity, regardless of whether you think the judge will rule against you or not. In the event I am convicted/adjudicated, if you have raised sufficient appealable issues, I will not have to appeal based on ineffective assistance of counsel or sue you for malpractice or file a professional complaint against you. Such issues include the use of hearsay evidence, speculation, manufactured diagnoses by unqualified witnesses, violations of due process based on constitutional issues, violations of constitutional rights, improper jury instructions, introduction of evidence that you have not had the opportunity to examine, et.al. 29. I require you to contest the validity of psychological evaluations. They have less scientific basis for validity than a polygraph does, and I require you to challenge it under Daubert or Fry depending on the state we are in. 30. I require you to diligently attempt to impeach all prosecution witnesses. I require you to diligently examine all prosecution evidence and witnesses prior to trial, and use your findings or the findings of my advocates to impeach them. 31. I require you to present expert witnesses and other witnesses who can benefit my case. 32. I require you to consult with fill in you consultants/experts names & phone numbers. 33. I require you to follow the instructions given to you by these people-they are expert consultants in this area and have the knowledge that will help you defend me. These people have already agreed to be expert witnesses on my behalf and I expect you to utilize them effectively in my defense. 34. I demand the right to face my accuser. I require you to demand that the alleged child witness be available to testify in court and that our experts be allowed to examine her prior to trial I require you to obtain all of her medical records, psychological records, social services records, etc. Be aware that they will not fully disclose all information under services records, etc. Be aware that they will not fully disclose all information under discovery and you will have to fight for it. I require that this child'd background be admitted into evidence as well as the findings of our experts' examinations of her-both medical and psychological. It is not your job to say this can't be done, it is your job to find a way to do it. 35. I demand a Taint Hearing-to determine if the child's testimony has been tainted by improper interview techniques such as being asked leading questions, use of anatomically correct dolls, etc. or if she has been coached to make a false disclosure against me when it really was another 'father' who raped her, etc. this will be used to exclude tainted elements of her statements from testimony during trial. If you do not understand what a taint hearing is or how to effectively use it, contact insert advocate/consultant's name for advice. 36. If a Taint Hearing is denied, I require you to appeal that ruling immediately. 37. If you have any questions about this agreement you may ask me and if I cannot answer, you should contact insert advocate/consult's name. B advised, I will have outsiders monitoring your progress and actions. While I may not be literate in the area of criminal/family/juvenile law, I have many advocates who are and who are watching out for my rights and my best interests. 38. I authorize you to release any requested confidential information to insert you experts/consultants her so they can help you prepare my defense. 39. I declare this document to be privileged communication between me and my attorney and you are specifically prohibited from disclosing the fact of this document's existence or its contents to anyone else, including but not limited to any associates, partners or supervisors, and/or any judges. 40. I assert that I am not asking you to do anything illegal or unethical in my defense. 41. If I am demanding something that you cannot do, you are required to explain to me why it can't be done and you must offer an acceptable alternative that will achieve the same results. 42. If at any time you do not feel you can fulfill these requirements, you are required to notify me immediately in writing. (Getting this in writing is imperative-do not accept verbal information from a lawyer you do not trust. If he refuses to put it in writing, record the conversations and follow up with a letter (certified mail) that describes your understanding of the conversation.)