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
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
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.