One of the more complex relationships in a lawyer’s professional life is representing children.  Even defining the word “child” is complicated.  Any person under age 18 is legally a child and cannot sign contracts or hire a lawyer.  Those acts must be done on the child’s behalf by a parent or legal guardian.

When a person achieves the age of majority, everything changes, even if the child has not. Not only may an 18-year-old sign a contract hiring a lawyer; ONLY the 18-year-old can sign such a contract. Parents instantly become powerless to control their child’s legal affairs. At age 18, all the rules of privacy and confidentiality immediately attach to the child to the exclusion of everyone else in the world, including his or her parents. Parents who have accompanied an adult child to the doctor or sent a child to college may have been advised they are “out of the loop” unless their son or daughter gives written permission otherwise.

Lawyers face the same constraints of privacy and confidentiality.

Most newly minted adults are ill-equipped to make “grown up” decisions. How many young adults are prepared to make financial judgments that could affect the rest of their lives? It is difficult for people in their 40s and 50s to manage a large sum of money; imagine an 18 or 19 year old who receives a lump sum settlement. Handled improperly, a positive result in a lawsuit could produce negative consequences in a young person’s life.

If young adults are fortunate enough to have responsible parents (or others) in their lives, they will hopefully seek and accept adult guidance. I encourage my young adult clients to keep their parents involved in the decision-making on their cases. However, many lawyers have had the unpleasant experience of representing an adult child at odds with his or her parents. Trying to keep a young adult from doing something rash or ill-advised is a daunting task for a parent. It is even worse for a lawyer. We are duty-bound to follow our client’s instructions, and when the client is an 18 year old, those instructions may involve bad decisions.

One of the lawyer’s most important functions is educating his client.  That includes informing the client of the factual and legal issues in a lawsuit, and helping the client make decisions regarding settlement.  However, that role does not stop when the case ends.  We also advise clients on how to manage the proceeds of a successful case.  A 1992 study by the Rutter Group showed that 90% of all lump sum payments are dissipated within five years.  People spend money unwisely, make poor investment decisions, or give money away to friends and relatives.  There are measures we can take, such as “structured settlements,” to protect people from themselves.  However, in order to implement these steps, the client must agree.

The keys to a successful attorney-client relationship with an “adult child” are to treat everyone involved with respect and establish the ground rules of the relationship early. In my initial meeting, I welcome the parents to participate, but I direct my comments to the young client. I discuss the issue of confidentiality and parental involvement openly. I explain that the child is fortunate to have his or her parents involved, as I have represented young adults who were all alone in the world and had to make big decisions with no parental help. Finally, I have the young adult state in writing whether or not I am permitted to discuss the case with his or her parents. When that permission is given, I ask that the young adult be included in all discussions whenever possible.

Perhaps having been a father of teenagers helps me relate to “adult children” whom I represent.  Developing trust and rapport with clients is important, particularly with young adults!