Lawyers and Psychologists Working Together

How, then, can lawyers and psychological professionals work together for the benefit of their mutual clients? The following areas of cooperation are the main ones that my practice employs within our everyday interaction with our clients.

1. Developing and Communicating a Client’s Case

From the client’s first meeting with their solicitor, time pressure, the manner in which the solicitor elicits his instructions, the client's deep upset and the solicitor’s limited understanding of the client’s interpersonal difficulties and psychological processes which underpin their distress, automatically narrow the information base on which a case can be built. The value solicitors ascribe to legal precedent further narrows the case in the solicitor’s mind to those facts which are consistent with or distinguishable from that precedent. There is a risk that the solicitor’s early assessment of the prospects of success (usually expressed in terms of a percentage), viewed through this narrow focus and understandably couched in cautious terms, sets the client on a path of disillusionment, conditioned helplessness and increased anxiety and hostility, since he feels his case has already been pre-judged without the solicitor understanding what he or she regards as the unique aspects of it.

Psychological professionals can greatly assist in ensuring that a client’s case is formulated and presented to maximum effect through the inclusion of these unique features. Their ability to establish a good rapport, take a full case history of both the family breakdown and the contributory factors leading to it, as well as their expertise in managing the client's distress and facilitating open communication on very sensitive issues, greatly assists the solicitor to develop a holistic legal case which the client is more likely to believe accurately reflects their experience and position. Clients also find this process of great value as it frequently serves to give them additional insight into their own distress and why their relationship broke down, thereby enabling them to view the legal process more objectively and positively and to maintain their child centric position.

Since an integral part of this approach is that the client develops a broader understanding of the decision making and behaviour of their former partner, we have found that it is much more likely that the parents achieve a consensual settlement through their unification behind the common goal of the best interests of the children.

2. The Role of Psychological Professionals in Supporting their Client

It is very stressful for any parent to be involved in family law litigation. This pressure may last many months or years. A client who cannot communicate their feelings at this anxious time or sinks into a spiral of pessimism, negativity or depression in response to the prospect of their loss and to their feelings of helplessness, is unlikely to be in the best frame of mind to conduct litigation, think flexibly or continue functioning in other aspects of their life. This will inevitably have a knock-on effect upon the child’s well-being. Preserving the client’s emotional and psychological well-being in these circumstances is best undertaken by a psychological professional who understands these issues.

It is estimated that family breakdown directly affects approximately one-third of the United Kingdom population1 (and many more indirectly). Research from Families Need Fathers and the Equal Parenting Alliance provide a worrying insight. A survey of over 200 parents involved in the family justice system found that 35% of respondents had contemplated suicide, with a shocking 7% having actually attempted suicide. Clearly, this is an untenable situation that must be seriously addressed.

In order to support their client effectively, it is necessary for the psychological professionals working in this forum to have a relevant understanding of the family justice system and for the solicitor to be aware of, at least basic, psychological principles, thereby facilitating a symbiotic relationship that truly reflects and caters for the client's needs.