When Watching Over Children Isn’t Enough

An article in The New York Times last week reported on a recent study done on the effects of child abuse investigations.    The study looked at interview data with 595 children who lived in families known to be at risk for child maltreatment.  The children were interviewed at age 4 and again at age 8; and 164 of the 595 subjects were in families investigated by CPS (Child Protective Services) for possible child maltreatment during that time period.  The researchers looked for differences between the investigated and uninvestigated subjects in seven known risk factors for child maltreatment:  poverty, family functioning, social support, maternal depressive symptoms, maternal education, child anxious or depressive behavior and child aggressive behavior.  They found no significant differences in these factors between those families that had been investigated during the four year period and those families that had not been investigated during that time.  The sole exception was maternal depression: mothers in investigated families had more depressive symptoms than mothers whose families were not investigated.  To put it plainly, these children were at high risk of being maltreated when the study began, and they remained at high risk four years later, whether or not they had experienced CPS investigation.

The authors comment that the results are not surprising, given that many of the risk factors that were studied are not usually addressed by the interventions that follow child protective services investigations. 

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Certiorari Granted in Material Witness Detention Case That Concerns the Iqbal Pleading Standard

Yesterday the Supreme Court granted certiorari in Ashcroft v. Al-Kidd, the petition in which the United States Department of Justice seeks to establish, on behalf of former Attorney General John Ashcroft,  that government officials have immunity from liability for claims that they used the material witness statute to detain a U.S. citizen, not, in reality, to ensure his availability as a witness in another case, but instead as a pretext for what was actually a preventative detention.

As the New York Times explains, the former detainee in question, Abdullah Al-Kidd, is a U.S. citizen born in Kansas as Lavoni A. Kidd; he was (I have read) a football star for the University of Idaho in the mid-90s.  In rejecting Ashcroft’s argument for immunity, the Ninth Circuit (in a split three-judge panel decision) first held that, at best, qualified immunity might apply, explaining its reasoning this way:

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Getting Clients to Hire You

I once applied for a job and the person interviewing me said words to the following effect:  “Don’t take this the wrong way, but why should I hire you?”  A client who has a problem that warrants spending hundreds or thousands of dollars of hard earned money and/or company assets undoubtedly asks the same question (at least in their head).  I apparently had a good enough answer to the question because I got the job and if you can answer the same question (whether or not the client asks) you will probably get the client to hire you.  

Of course, before you get to answer the question, the client has to find you.  Attorneys who are just starting out can rarely, if ever, come out of the gate with a large advertising budget and marketing campaign.  So word of mouth is really key at first.  The absolute best way to make contact with a new client is through another attorney.  Here’s why:  

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