What is it then that clients want from their family lawyers at potentially the most difficult time of their lives and regarding the most important issue in their lives the determination of the well-being of their children? Drawing upon both my personal and professional experience, the latter as a commercial law partner and now full-time family lawyer (during the course of which, in addition to my own clients, I have spoken to many parents on a pro bono and second opinion basis), it is clear that the parents’ overwhelming concern is that the application of legal skills alone leads to them experiencing acute feelings of disempowerment, disengagement, helplessness, not being listened to and paternalism.
This experience has informed opinions that the following approach is essential to addressing these client concerns:
•Taking a holistic approach to the client's needs beyond simply perceiving their case in terms of relevant fact and law for the purpose of "black and white" legal analysis based on legal precedent, since this has the effect of negating the uniqueness of each client's personal circumstances and family dynamic.
•Supporting the client emotionally and psychologically to ensure they feel listened to and their case articulated in a manner which emphasises their genuine child centric concerns. This minimises the risk that the client adopts a non-child centric position which frequently involves the prosecution of their legal case and interaction with the other parent containing a series of threats, allegations, denials and counter allegations, which inevitably causes great hostility, upset and resentment between the parents and the legal system.
•Developing and agreeing a plan of action with the client around a clearly defined strategy for communicating the parent’s child centric concerns.
•Offering a level of service that reflects the client's emotional needs and allows for regular, open communication between client and lawyer whenever it is required by the client.
•Remaining focused on providing a "can-do" approach and solutions to any matter that the client wishes to include as part of his case, rather than a lawyer driven "I know best" approach which ultimately results in a sense of helplessness in the client. The established approach where lawyers repeatedly emphasise the risks of any given course of action without suggesting a possible alternative solution is not seen by clients as providing any added value to their case.
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