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Family Law Advocacy

How Barristers Help the Victims of Family Failure

By: Mavis Maclean, John Eekelaar
Media of Family Law Advocacy
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Published: 15-05-2009
Format: Paperback
Edition: 1st
Extent: 132
ISBN: 9781841132778
Imprint: Hart Publishing
Dimensions: 216 x 138 mm
RRP : £36.99
 

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Loren Epson

About Family Law Advocacy

The role of the law in settling family disputes has been a matter of particular debate over the past twenty-five years. In keeping with the general public perception, the media has been largely critical about the role of lawyers in family law matters, sustaining a general lack of confidence in the legal profession, and a more specific feeling that in family matters lawyers aggravate conflict or even represent a female conspiracy. The climate in which family lawyers practise in England and Wales is therefore a harsh one.

The authors of this path-breaking study felt it was time to find out more about the contribution of barristers in family law cases. They therefore embarked on a careful study of the Family Law Bar, its characteristics, what its members do, and how their activities contribute to the management or resolution of family disputes. Much of the study is comprised of an in-depth examination of the day-to-day activity of members of the family law bar through observation of individual barristers as they performed their role in the context of a court hearing,

In attempting to answer questions such as whether our family justice system is excessively adversarial, or whether family barristers earn too much from human unhappiness, or indeed whether those working in the front line of child protection earn enough, the authors reach some surprising conclusions.'The barrister is both mentor and guide for the client' is how they begin their conclusion; 'we hope that we have shown that society should value their contribution better' is how they finish.

Table Of Contents

Chapter 1: Preconceptions
I. Introduction
II. The Importance of Research
III. The Project
IV. Acknowledgments
Chapter 2: The Family Law Bar
I. Introduction
II. The Demographic Characteristics of the Family Law Bar
III. Specialisation
IV. Remuneration and Regulation of the Family Law Bar
Chapter 3: Overview of the Barristers' Role
I. Introduction
II. Public Law Children Cases
III. Private Law Children Cases
IV. Financial Cases
Chapter 4: Financial Cases
I. Introduction
II. George and the 'World Businessman'
III. Caroline and the Novelist
IV. Louise and the Surprise Ending
V. Charles and the Failing Small Businessman
VI. Graham: A Final Hearing with Little on the Table
VII. Alice's 'Mediation'
Chapter 5: Children Cases: Contact
I. Introduction
II. Jane and the Unrepresented Foster Parent
III. David and the Three-Year Old with the Short Fuse
IV. Jonathan and the Concerned Mother
Chapter 6: Child Protection Cases
I. Introduction
II. Nadia's Case Conference
III. Claudia and the Underweight
IV. Isobel's Directions Hearing
V. Sarah and the Disturbed Client
VI. Peter and the Family of Five Children
VII. James's Midnight Brief
Epilogue
I. Case Management and the Court System
II. Mentor and Guide
III. Image and Reality

Reviews

“This slim volume is an interesting addition to the research literature on family law practice.

This book can be recommended to anyone interested in legal process.

” –  Kirsteen Mackay, Social and Legal Studies 19 (4)

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