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A Day in the Life of a Family Solicitor

Here one legal aid family solicitor shares the timetable of her typical day

7.40am I start my journey to the office by train.

8.45am I arrive at the office and start the day by looking through my post and emails having a cup of tea. I answer as much as I can before the first client of the day….

10am   I see a new client for the first time. He is here to talk about social services’ involvement with his family. He is worried as they have applied to the court to have his child removed from his care. We talk about what has happened in the past and what the situation is now.  We consider whether there are any family or friends who can help. We discuss the court process and what happens next.

11.30am I receive a phone call from a Guardian at CAFCASS asking me to represent a child in care proceedings. I am emailed the papers and start reviewing them, analysing the information for the key issues: is the child at risk, what are the local authority’s proposals for the short and long term care of the child, are any assessments needed, next steps.

12pm I leave the office to travel by train to court for a hearing. I have my lunch whilst on the train.

12.50pm I arrive at court and meet the other professionals involved for the case; the solicitors for the parents and the Local Authority. Acting for the child in the case, I meet the guardian to take some up to date instructions.

1.45pm The professionals convene to discuss the case and to see if there is an agreed way forward today.  We consider: is an order agreed, is it agreed where the child will live, are contact arrangements agreed, is the timetable for the case and assessments agreed.

Whilst at court I keep an eye on my emails on my phone for any pressing matters which need attention.

3.30pm We present the case to the Judge for consideration. The Judge gives further direction to the case and makes a decision about matters which are not agreed.

4.15pm I start the journey back to the office.

5.10pm I arrive back at the office.  I check what has happened since I have been out. Make some phone calls.  I then start to draft an application for the instruction of an expert. I prepare my papers for court the next day.

6.45pm I start the journey home. Whilst on the train I think about my work for the next day and make a list.

8pm I arrive home

What if I don’t have a lawyer?

All parents in care proceedings should qualify for non means and non merits tested public funding i.e. the State will pay the costs of your solicitor or barrister.

Other people who want to be involved in care proceedings, such as grandparents, may not get any public funding. What happens if the cost of paying for lawyers privately is out of your reach?

Another option is to be assisted by a ‘lay advocate’ or a ‘McKenzie friend’. At the moment, lay advocates are not widely used in care proceedings but this may become more common.

The ‘Court without a Lawyer’ website provides a definition of McKenzie friend here, as well another advice for those going to a family court without a lawyer.

Here Ian Julian, a Lay Advocate since 2003, gives some information and makes some suggestions you might find helpful.

 

Solicitors and Barristers can cost a considerable sum of money but will be able to prepare your case and present it before the Court. Many Barristers offer a Direct Access service, which can provide you with an Advocate in the Courtroom but without the cost of Solicitors preparing, drafting and advising you along the way. This may suit someone of limited means who can handle their own paperwork confidently. (The Bar Council Public Access directory can be found here)
Litigation Friends come in many guises and can be more or less helpful and / or experienced. Common Law provides that a person may have any person speak on his behalf in a Court of Law. Courts will want you to have every reasonable assistance and will recognise that the Courtroom is an alien environment for most people in stressfull circumstances. While you may be confident and it can be helpful for the Judge to hear from you directly, it may also be useful to have some additional help to explain what you want and why.
– you may need a Litigation Friend to assist you in understanding the proceedings if you have a disability. This can be in addition to your lawyer (more often now that the Official Solicitor is less available);
– in hearings held in private, the Guidance for Family Courts allows the assistance of a McKenzie Friend (to quietly advise you, take notes and to assist you with papers);
– If granted Rights of Audience, you may have a Lay Advocate who will present your case to the Court as a Barrister does.
It is at the Judge’s discretion to allow your assistance and the presumption is in favour of a McKenzie Friend unless there is good reason to refuse you (it should not be an antagonistic relative for example).
The Judge may permit you to have a Lay Advocate if he is of good reputation and can assist the Court in dealing with the proceedings effectively. This can save time and expense for everyone and an experienced assistant will help the Court by guiding you as to what is possible and what is unhelpful.
You should write to the Judge in advance asking permission for the assistance you want to use and inform the other Parties. Your Friend should send a CV to the Judge, which will assist his decision.
Only Solicitors are permitted to “conduct litigation” (i.e. hold client monies or sign letters on your behalf). Direct Access Barristers cannot “conduct litigation” either.
(Author: Ian Julian, Lay Advocate since 2003)