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Amici advise and assist courts on matters of law. Amici bring to the courts attention certain matters of law that may have escaped courts or parties consideration. An amicus role is limited to advising, they may not participate in the litigation as a party or an attorney to a party.
In most civil and family law cases, defendants dont have a right to a court-appointed attorney. The parties may hire an attorney at their own expense or apply for assistance through legal aid services.
The term amicus curiae is Latin for friend of the court. An amicus attorney in Texas is there to provide the judge with information and recommendations based on their independent investigation and analysis to help the judge make an informed decision that is in the childs best interests.
An attorney ad litem is an advocate for the person she is appointed to represent and will express the persons wishes to the court or jury. Family law cases where a court might appoint an attorney ad litem include CPS proceedings, child custody cases, divorces, name changes, and suits for adoption, among others.
An attorney ad litem is required to be an attorney and represents the childs wishes. A guardian ad litem is not required to be an attorney and represent the childs best interests. Oftentimes, what the child wants and what is in the best interests of the child are not the same thing.