Thursday, August 02, 2012

From the Archives: November 13th 2007 - Ten Myths About Family Lawyers

I know this isn't going to go down well in some quarters, but I thought it about time I did my bit to improve the image of my profession, so here I 'debunk' ten myths about family lawyers. Yes, I know there are exceptions that prove each of these myths, but I believe that that is all they are - exceptions.

Myth #1. Family lawyers are only interested in their fees, rather than achieving a good result for their clients. Aside from the issue of professional pride, family lawyers are in business and much of their work comes from recommendations, so they have a vested interest in client satisfaction.

Myth #2. Family lawyers will follow their client's instructions no matter what. Good family lawyers will only follow their client's instructions up to a point. If it is obvious that to follow instructions would be against the client's interests, then the lawyer will refuse to act - see this recent post.

Myth #3. In children proceedings, family lawyers are biased towards mothers. Why should they be - they act for fathers as well?

Myth #4. In financial settlements, family lawyers aim to take the other party 'for every penny'. Most family lawyers are fully aware that this approach is unlikely to best serve their client's interests, and many subscribe to Resolution's Code of Practice, which requires them to conduct the matter in a constructive and non-confrontational way.

Myth #5. Family lawyers live off the misery of others. We provide a service at a time of great stress, and if it is a good service then that stress will be eased. Having said that, in a large number of our cases the parties are quite amicable - where they are not, the Resolution approach aims to reduce the misery.

Myth #6. Family lawyers are in cahoots with one another. This one is often raised when the lawyer for one party 'fraternises' with the lawyer for the other party at court. But why not? They often know each other, and just because their clients are 'daggers drawn', it does not mean that they must be too. And just because they are friendly, it does not mean that they are doing a deal behind their client's back either.

Myth #7. Family lawyers are resistant to any change in the law that will adversely affect their interests (i.e. do them out of work). On the contrary, family lawyers have supported changes that will do just that, such as encouraging mediation and supporting no-fault divorce.

Myth #8. Family lawyers encourage animosity, to draw-out matters and thereby increase their fees. See 4 above.

Myth #9. Family lawyers charge extortionate fees. Yes, some do, but for most their fees are based upon their experience and their expenses (see this post). Like any business, we have to be competitive, and if we overcharge, our clients will go elsewhere. We do not operate 'charging cartels' - in fact, lawyers rarely discuss their fees with one another. Further, if a client is unhappy with his/her lawyer's fees, they can always request the court to assess them.

Myth #10. Lastly, all family lawyers are rich. If only it were the case. True, some at the top of the profession earn very large sums of money, but isn't that true for most professions? On the other hand, the high-street family lawyer doing predominantly legal aid work will be struggling to make a living at all.

4 comments:

  1. 'Family lawyers live off the misery of others'

    as bad as them bloody doctors - the bastards!

    ReplyDelete
    Replies
    1. Yeah, bloody doctors. Who needs them?

      Oh, wait...

      Delete
  2. Northern Lights2 August 2012 at 14:15

    Reminds me of Ambrose Bierce's definition of dentist:
    DENTIST, n. A prestidigitator who, putting metal into your mouth,
    pulls coins out of your pocket.

    You forgot to mention "The lawyer's guide to bullying LIP's," John

    ReplyDelete

Thank you for taking the time to comment on this post. Constructive comments are always welcome, even if they do not coincide with my views! Please note, however, that comments will be removed or not published if I consider that:
* They are not relevant to the subject of this post; or
* They are (or are possibly) defamatory; or
* They breach court reporting rules; or
* They contain derogatory, abusive or threatening language; or
* They contain 'spam' advertisements (including links to any commercial websites).
Please also note that I am unable to give advice.

Note: only a member of this blog may post a comment.