The Michigan Court of Appeals reverses termination of parental rights based on attorney Lisa Kirsch Satawa’s testimony about the standard of care.

Kirsch Daskas Law Group PLLC protects innocence while preventing wrongful convictions one client at a time. Kirsch Daskas Law Group is a client-centered criminal law firm representing adults and juveniles falsely accused of crimes or at risk of losing their children.

Bloomfield Hills, Michigan, United States - January 27, 2023 —

Sex crimes and child abuse cases require unique legal representation and without the services of highly specialized attorneys and expert witnesses, a legal team cannot properly prepare for the case. There have been many instances of verdicts in trial cases being vacated on appeal as a result. 

In a recent Michigan Court of Appeals case concerning the ineffective assistance of an attorney on an abuse and neglect case, the respondent-father was granted a motion for an evidentiary hearing against his termination of parental rights as a result of the testimony presented by attorney Lisa Kirsch Satawa of Kirsch Daskas Law Group PLLC. Ms. Kirsch Satawa specializes in child abuse and child sexual assault cases, including both criminal and child protective proceeding cases, and routinely consults and employs experts in forensic interview methodologies. 

Earlier, the trial court found that the respondent's attorney was not ineffective and that clear and convincing evidence was presented to support statutory grounds for termination of the respondent-father's parental rights. As part of the respondent's ineffective assistance claim, Ms. Kirsch Satawa testified as an expert witness and elaborated on how she would have prepared for the case, including red flags she identified, specialists she consulted to set the framework for the fundamental standard of practice that the trial attorney should have followed. 

The trial judge gave little credence to Ms. Kirsch Satawa’s testimony, stating that “her entire focus was on the three forensic interviews,” rather than a broader view that would have included the adjudication trial and dispositional hearing. The Court of Appeals disagreed with the trial judge and found that the respondent-father’s trial counsel was ineffective and that the trial judge should have relied on Ms. Kirsch Satawa’s testimony rather than ignoring it outright. The Court granted the respondent-parent’s request and vacated the order terminating the respondent-father’s parental rights. The Court of Appeals sent this case back to the trial court where it will be retried. As a result of Ms. Kirsch Satawa’s testimony, the respondent-father now has a chance to be fairly defended.

It was determined that the trial court should have listened to Ms. Kirsch-Satawa as a credible expert witness who had not engaged in hindsight bias and critically had described what an effective and competent attorney should have done. 

For more information, visit https://www.kdlawgroup.com/

Lisa Kirsch Satawa is trained to incorporate knowledge of cognitive development, linguistics, psychology, medicine, and the law into a cohesive defense theory. In many cases, she has consulted for attorneys in Michigan and across the country and provided a creative perspective and strategy for each case. She is also a frequent lecturer across the United States and in Michigan, presenting topics that include child witnesses, child abuse injuries, suggestibility of children, forensic interviewing, and the use of experts and investigators. 

Her knowledge of the subject matter was evident in her testimony during the Ginther hearing, where she alluded to many discrepancies in the evidence presented, including the credibility of the reports made by the victim. Significantly, the failure to exercise reasonable professional judgment in not investigating the possibility of an expert to refute evidential allegations renders the respondent denied effective assistance by the trial counsel. Her testimony was, however, dismissed. 

The role of an attorney trained and experienced in handling cases of adults and juveniles accused of sex crimes and child abuse is crucial in protecting the rights of innocent people. Lisa Kirsch Satawa, a top attorney, and consultant at Kirsch Daskas Law Group, works hand-in-hand with clients to establish the facts and build a strong case for defense. 

About the Firm: 

Kirsch Daskas Law Group PLLC is a boutique firm located in Bloomfield Hills, Michigan. The firm has the highest regard for the attorney-client relationship and believes in giving clients peace of mind through knowledge through the most difficult of times. Attorneys at the firm will guide clients through each stage of a case, ensuring they have the information needed to confidently make important decisions. 

Contact Info:
Name: Lisa Kirsch Satawa
Email: Send Email
Organization: Kirsch Daskas Law Group PLLC
Address: 1133 W Long Lake Rd #150, Bloomfield Hills, MI 48302, U.S.
Phone: 248-792-0450
Website: https://www.kdlawgroup.com/

Release ID: 89088054

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