CODE OF ETHICS
AMERICAN ACADEMY OF ADOPTION ATTORNEYS
In order to further the cause of the ethical adoption, the
members of the American Academy of Adoption Attorneys hereby make and establish
this CODE OF ETHICS. Each member of the Academy agrees as follows:
1. A member shall be duly licensed to practice law in each
state in which the member maintains a law office, shall fully comply with the
Ethical Rules, Disciplinary Rules, Ethical Canons, or other Rules of
Professional Conduct in effect in each state in which the member maintains an
office, and shall maintain the highest standards of professional and ethical
conduct. A member shall not engage in activities which bring discredit upon the
Academy.
2. (a) A member shall assure that the member's clients are
aware of their legal rights and obligations in the adoption, and that all
parties to the adoption are aware of their right to separate legal counsel.
(b) A member may inform a client as to the member's
understanding of the laws of a jurisdiction in which the member is not licensed
provided that the member discloses that the member is not licensed to practice
in that jurisdiction.
3. A member shall not purport to represent both the
prospective adopting parent(s) and one or both birth parents, where such
representation is specifically prohibited. This rule shall not preclude a member
from undertaking such representation of multiple parties if the member desires
to challenge the statutes, court rules or case law of that jurisdiction,
provided that the member has fully disclosed such intent and risks incident
thereto in writing to each party to the adoption and has obtained the written
consent of each party.
4. A member shall actively discourage adoption fraud or
misrepresentation, and shall not engage in such conduct, and shall take all
reasonable measures not inconsistent with the confidentiality of the
attorney/client relationship, to prevent adoption fraud or misrepresentation,
withdrawing from representation where necessary to avoid participation in any
such conduct.
5. (a) A member shall assure that clients to an adoption are
aware of any laws which govern permissible financial assistance to a birth
parents.
(b) A member shall not assist or cooperate in any adoption in
which the member has reason to believe that the birth parent or parents are
being paid, or given anything of value, in exchange for the placement for
adoption, for the consent to an adoption, for a relinquishment for adoption, or
for cooperation with the adoption of his or her child, without first making full
disclosure to the appropriate court. This rule does not make it improper for a
member to assist or cooperate with an adoption in which the birth parent or
parents are reimbursed for reasonable and necessary pregnancy-related expenses
actually incurred by the birth parent, or in which such expenses are paid
directly on behalf of the birth parent, provided that such payment or
reimbursement is allowed under the law of the affected jurisdiction.
(c) A member shall comply with such standards regarding birth
parent expenses as are, from time to time, established by the Academy or by its
Board of Trustees.
6. A member shall assure that the member's fee arrangement
with each client is carefully explained and fully understood by the client at
the time the member accepts employment by an adoption client, and the fee
agreement shall be in writing, wherever practicable.
7. A member shall not enter into an agreement for, charge, or
collect an illegal or unconscionable fee. Advanced fees collected by a member
shall be returned to the client if not commensurate with the services that have
been provided by the member. A member shall not, directly or indirectly, charge
a finder's fee for locating a birth parent. In determining whether a fee is
unconscionable, the factors to be considered shall include, but not be limited
to, the following:
(a) The amount of the fee in proportion to the value of the
services performed;
(b) The novelty and difficulty of the questions involved and
the skill requisite to perform the legal services properly;
(c) The time limitations imposed by the client or by the
circumstances;
(d) The time and labor required; and
(e) The experience, reputation and ability of the member
performing the services.
8. A member shall not possess a financial stake in the
success of any adoption in which the member is retained as counsel for any
party. A member shall be considered to have a financial stake in an adoption if
the member enters into a fee agreement by which the member is to receive a
greater fee for a successful adoption than is warranted based upon the
reasonable value of the services performed by the member; or if the member
enters into a fee agreement in which the member is contractually entitled to a
lesser fee than the reasonable value of the services performed by the member if
the attempted adoption is unsuccessful.
9. A member shall disburse client trust funds only for those
purposes specifically authorized by the client, and the member shall not
exercise independent judgment or discretion over trust funds disbursements
unless the client has specifically authorized the exercise and scope of such
discretion. A member shall promptly account for all client funds held by the
member, upon request by the client, and shall promptly reimburse to the client
all client funds upon request by the client or upon completion of the case.
10. A member shall not make false or misleading claims in
advertisements, nor shall a member include client testimonials in such
advertising. A member shall not advertise in a manner which is unprofessional or
which bring the adoption bar into disrepute. A member shall comply with those guidelines
regarding advertising as, from time to time, may be established by the Academy
or by its Board of Trustees.
11. (a) A member shall extend every possible professional
courtesy to other members, and to the clients of other members. If a member is
offered employment in an adoption where a birth parent has previously consulted
with another member, the member shall forthwith contact the other member to
confer regarding the matter. If a birth parent has previously consulted with
another member, and has received financial assistance from the other member or
clients represented by the other member, the member shall endeavor, if possible,
to secure reimbursement of the financial assistance to the person(s) who
provided same, from the prospective adopting parent(s) represented by the
member, so long as the reimbursement represents legally permissible and
reasonable expenses.
(b) A member shall not induce or encourage a birth parent to
change attorney representation unless the member is aware that the original
attorney is not knowledgeable in the field of adoption law. A member shall not
induce or encourage a birth parent to change selection of prospective adopting
parents unless the member knows or has reason to believe that the proposed
adopting parents can not obtain court approval of a placement with them.
12. A member shall not enter into any agreement with any
person which would have the effect of restricting the member's ability to
exercise independent professional judgment on behalf of the member's clients.
13. A member may, when appropriate and/or when requested by a
client, refer parties to competent and professional medical providers, legal
counsel, psychological counselors, or adoption agencies. A member shall avoid
any appearance of impropriety and shall advise the parties of any family or
professional relationship between the member and any other professional to whom
the member may refer a party, including a doctor, hospital, counselor or birth
coach. A member shall fully disclose to the parties any financial benefit
received by the member from any professional or organization or counselor to
whom a party may be referred by a member, or any financial benefit bestowed by
the member upon any other person or entity for referring a party to the member.
14. A member shall be under a duty to investigate
representations made to the member by prospective birth parents and prospective
adopting parents if the member believes or has reason to believe that such
representation is false. Under all other circumstances, a member may ethically
rely upon representations made by the parties to an adoption.
15. Any
changes or amendments to the Academy Code of Ethics shall be made in the same
manner as set forth in Article XI of the Bylaws of the American Academy of
Adoption Attorneys.
