CLCM Welcomes ABA’s New Rule on Representing Children

Children’s Law Center of Massachusetts applauds the American Bar Association’s adoption of revised Model Rule 1.14, the ethics rule governing representation of clients with decision-making limitations, including minor children. This important amendment reflects a more respectful, practical, and rights-centered approach to working with children and others who may need support in making legal decisions. We believe adoption of the amended rules in Massachusetts would ensure that children in the Commonwealth are represented in a manner that respects their dignity, strengthens their voice, and supports their ability to participate in decisions that shape their lives. 

One of the most significant changes is the rule’s replacement of the term “client with diminished capacity” with “client with decision-making limitations.” That shift is more than semantic. It moves away from language that can be stigmatizing and better recognizes that a person’s ability to make decisions is not fixed, one-dimensional, or defined by age alone.  

Just as importantly, the revised rule reinforces a principle CLCM values deeply: lawyers should maintain an ordinary lawyer-client relationship whenever reasonably possible. With appropriate supports, accommodations, and developmentally responsive communication, young people are often able to identify their goals and direct their representation. The new model rule more clearly embraces that reality.  

We are also especially encouraged by the rule’s practical guidance for attorneys representing children, including guidance on developmentally appropriate representation and on how to navigate the involvement of family members, parents, guardians, and other adults in a way that keeps the child’s interests and voice at the center. 

At CLCM, we believe children deserve lawyers who treat them as clients, listen to them seriously, and support them in exercising their voice. The ABA’s revised Rule 1.14 is a major step forward for child-directed advocacy, and we encourage Massachusetts to take the same step. 

For more on the amendments, see CLCM’s Primer on What the ABA’s Amendments to Model Rule 1.14 Mean for Children.