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#Family law: area of practice

Trainees in family teams tend to gain responsibility more quickly than in other seats, and may be expected to conduct some minor advocacy.

Family law covers a range of issues including divorce, civil partnerships and issues relating to children. Another aspect is contentious probate issues, in which claims by spouses are made against their deceased spouse’s estate. Clients may also be advised on wealth protection tools such as cohabitation agreements and marital property agreements. International law is relevant and has practical application in family law.

Mediation and the media

There is an emphasis on mediation in accordance with the Family Procedure Rules 2010. Solicitors advise their clients through this process.

Much of the work in divorce cases involves obtaining disclosure of a person’s finances, forensically considering the disclosure and negotiating financial settlements for clients. Parties in a dispute have to exchange a full disclosure of assets, and solicitors will need to gauge what clients can realistically expect in a settlement; it isn’t unusual to instruct experts such as accountants, surveyors and pension actuaries to value the resources.

Often there will be one qualified solicitor working on a case (perhaps with the support of another fee earner). The number of cases worked on simultaneously depends on the nature of the work, their complexity and their value. Generally, those firms with a considerable portfolio of work funded by legal aid will have a greater number of files than those without.

As timeframes are often determined by the courts and set rules, workloads are consistent and a 50-hour week is typical. Family law isn’t an easy option, but it is satisfying to act directly for clients, solve problems and get tangible results.

This area attracts media attention, especially when specific cases are covered in the news, when cases are deemed to be in the public interest, and when cases involve lots of money. For example, one of our partners, Mary Kaye, was instructed in 2011 upon a case that involved an application for contact by a father who had murdered his child’s mother.

Recession-proof?

Private family law hasn’t been noticeably affected by the recession. Changes to the ways in which publicly funded work are applied for, and cuts to publicly funded work in general, however, may mean that: fewer firms take on legal aid work; there will be a large increase in litigants in person; and inappropriate representation where parties can afford it.

As a trainee

Typical tasks for trainees include research, assisting fee earners with files and shadowing their work, which involves taking notes, observing and spending time in court. They may also be given a small caseload, such as a straightforward divorce case; trainees in family teams tend to gain responsibility more quickly than in other seats, and may be expected to conduct some minor advocacy.

Types of law practised

Good family law solicitors have…