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Family Law Advocacy - Maclean & Eekelaar 2009

Family Law Advocacy - Maclean & Eekelaar 2009

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Published by buhan68

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Published by: buhan68 on May 27, 2011
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The role of the law in settling family disputes has been a matter of particular debate over the past 25 years. In keeping with the generalpublic perception, the media have been largely critical about the role of lawyers in family law matters, sustaining a general lack of confidence inthe legal profession, and a more specific feeling that in family matterslawyers aggravate conflict or even represent a female conspiracy. Theclimate in which family lawyers practise in England and Wales istherefore a harsh one.The authors of this path-breaking study felt it was time to find outmore about the contribution of barristers in family law cases. They therefore embarked on a careful study of the family law bar, its charac-teristics, what its members do and how their activities contribute to themanagement or resolution of family disputes. Much of the studcomprises an in-depth examination of the day-to-day activity of mem-bers of the family law bar through observation of individual barristersas they perform their role in the context of a court hearing,In attempting to answer questions such as whether our family justicesystem is excessively adversarial, or whether family barristers earn toomuch from human unhappiness or indeed whether those working inthe front line of child protection earn enough, the authors reach somesurprising conclusions. ‘The barrister is both mentor and guide for theclient’ is how they begin their conclusion; ‘we hope that we have shownthat society should value their contribution more’ is how they finish.

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