Family Law Advocacy

How Barristers Help the Victims of Family Failure
Erscheinungsjahr 2009
ISBN: 978-1-84113-277-8
Verlag: Bloomsbury 3PL

Buch, Englisch, 132 Seiten, Format (B × H): 140 mm x 216 mm, Gewicht: 189 g

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.

Autoren/Hrsg.

Eekelaar, John

Maclean, Mavis

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

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

Über Autor(innen)

Mavis Maclean, CBE is co-founder of the Oxford Centre for Family Law and Policy, Oxford University.
John Eekelaar, FBA is Emeritus Fellow of Pembroke College, Oxford.