Lawyers who represent children in dependency proceedings say it’s time for these children – regardless of which state they live – to have a right to legal counsel.

Meeting yesterday at the 2010 American Bar Association Annual Meeting in San Francisco, a panel of children’s rights advocates discussed eliminating the barriers that prevent lawyers from representing these children in life-impacting legal proceedings.  

According to the U.S. Department of Health and Human Services there are more than half a million children in foster care and under the jurisdiction of family courts.  These are children who have been, for example, removed from their homes, placed in temporary shelters and possibly separated from siblings.

When it comes down to who is looking out for the rights and interests of the children in the courtroom – a lawyer, a guardian ad litem or an attorney ad litem -- there is no clear-cut, uniform answer.

“Every state has a different model,” says Hilarie Bass, a Miami commercial litigator who does pro bono work representing foster kids.

She points out the obvious — that there are too many children who need help, without enough money in the system to serve them.  Despite those hurdles, Bass, who is also incoming chair of the American Bar Association Section of Litigation, says she expects the section to make a recommendation on the right to counsel for children that should come up for debate before the ABA’s policymaking body in 2011.

“It would be a recommendation to provide for counsel and representation of children in delinquency and dependency proceedings,” says Bass. 

ABA President Carolyn Lamm says the ABA is an association interested in promoting the best interest of children and finding solutions “before we have a crisis situation.”

Lamm adds, “These citizens are the most vulnerable of course, in terms of no one to defend their legal rights.  The ABA does so much work in the public interest.  This is a segment of the public that needs us and we are strong and forceful advocates for children and the rights of children to be represented."  

So far, the U.S. Supreme Court has not spoken on the issue of whether children have a constitutional right to counsel in dependency proceedings.

Georgia attorney Trenny Stovall directs the DeKalb County Child Advocacy Center and represents children in dependency proceedings every day.  She says children who don’t have their own lawyer do not have a voice.

“When children don’t have a lawyer, their ability to be considered a living being with rights is vastly diminished.  Without representation, they become a widget in the eyes of the court,” says Stovall.

Children like 16-year-old Trevor Wade — who has been through the dependency court system — will tell you that having a lawyer makes a difference.  He says his lawyer fought against a system that would have placed him back with an abusive father.  These days he’s an intern in a public defender’s office, helping kids who are going through the court system.

Wade hopes to go to law school and is zealous in his advocacy on this issue.

He says that when states and courts make decisions not to provide lawyers for children, the question that needs to be asked is, “What is the price of a child’s success?”

A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati overturned Donald Ayers' conviction of conspiracy to commit money laundering, and Roger Faulkenberry's conviction of money laundering and conspiracy to commit money laundering, saying the government didn't provide enough proof.

Remaining in place are Ayers' convictions of conspiracy to defraud the U.S. and securities fraud, and Faulkenberry's convictions of conspiracy to defraud the U.S., securities fraud and wire fraud.

Ayers, 74, is serving 15 years in Coleman federal prison in Florida after his 2008 conviction with Faulkenberry and four other top executives from National Century Financial Enterprises, a Columbus health care financing company. Federal prosecutors compared the case to Enron.

Faulkenberry, 49, is serving 10 years in Gilmer federal prison in West Virginia after his 2008 conviction.

The court said the government didn't prove that advances Faulkenberry and Ayers made to medical companies were designed to conceal the money's source.

The Wisconsin Supreme Court has upheld a sexual abuse conviction of a former Jesuit priest who claimed he was falsely accused.

In a 7-0 ruling on Tuesday, justices ruled that Donald McGuire's prosecution 36 years after he allegedly abused two teenage boys in the 1960s was fair.

McGuire, a former spiritual adviser to Mother Teresa and her religious order of nuns, argued the delay hurt his ability to defend himself. Justices disagreed.

The men came forward in 2003 to report they were abused by McGuire during trips to a cottage in Fontana, Wis. in 1967 and 1968. At the time, McGuire taught the boys at the Loyola Academy in Wilmette, Ill.

McGuire was convicted on five counts of indecent behavior with a child. He is serving a 25-year prison term on separate, federal charges.

Law firm merger activity picked up after a sluggish first quarter in part due to a renewed increase in transatlantic marriages between large domestic firms and those headquartered in England.

Among the 10 mergers reported last quarter by legal consultancy Hildebrandt Baker Robbins -- one more than during that time frame last year -- was the union of Washington stalwart Hogan & Hartson and London-based Lovells to form Hogan Lovells, which the report characterized as the second-largest since Hildebrandt began tracking quarterly merger activity.

A second cross-border marriage of equals, between Chicago-based Sonnenschein Nath & Rosenthal and London's Denton Wilde Sapte, was announced last quarter but is not included in that figure because the merger will not be completed until later in the year.

Industry analysts say that after a period of caution, U.S. firms are once again looking for markets in which to expand -- and the obvious one for some is London, where many firms specialize in the kind of corporate transaction work that has long been the bread and butter of New York.

The Oregon Supreme Court has ruled that Philip Morris does not have to pay $100 million in punitive damages to the family of a smoker who sued the tobacco giant over its low-tar cigarettes.

The case, however, is going to another jury to decide just how much the death of Michelle Schwarz from lung cancer in 1999 will cost Philip Morris — and legal experts say it could easily be another big award.

A Multnomah County jury in Portland originally awarded the Schwarz family $150 million in March 2002 before the trial judge reduced it to $100 million.

On Thursday, the Oregon Supreme Court vacated the $100 million award and sent the case back to the trial court to reconsider the punitive damages after ruling the judge failed to properly instruct the jury.

The court said the judge should have told the jury it could not punish Philip Morris directly for harm caused to others besides Schwarz.

But the court also supported the trial judge, who had rejected jury instructions the tobacco company had requested.

Peter J. Henning follows issues involving securities law and white-collar crime for DealBook’s White Collar Watch. As Congress works on the final version of the financial regulatory bill, a major change in liability for corporate law firms, accounting firms and investment banks has been inserted into the measure. House members of the conference committee agreed to add a provision offered by Representative Maxine Waters, Democrat of California, to restore aiding and abetting liability for private securities fraud cases.

The impact of the amendment is significant because it expands the potential defendants in securities fraud class actions to include more than just the company accused of making misstatements or omissions, and these are defendants with deep pockets.