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Code of practice Resolution, an association of family law practitioners, exists to foster
the idea that family law cases should, if at all possible, be settled so
as to minimise animosity between the parties. This is their Code of
Practice. If you have any concern about the effect on your own case of
anything in the Code of Practice, please feel free to raise the matter
with the person whom you normally see. Alternatively, you can ask to
speak to one of the firm's partners.
General
- At an early stage the solicitor should inform the client of the
approach he adopts in family law work.
- The solicitor should advise, negotiate and conduct matters so as
to encourage and assist the parties to achieve a constructive
settlement of their differences as quickly as may be reasonable
whilst recognising that the parties may need time to come to terms
with their new situation.
- The solicitor should ensure that the client appreciates that the
interests of the children should be the first concern. The solicitor
should encourage the client to see the advantages to the family of a
constructive and non-adversarial approach as a way of resolving
their differences. The solicitor should explain to the client that
in cases where there are children the attitude of the client to the
other family members in any negotiations will affect the family as a
whole and may affect the relationship of the children with the
parents.
- The solicitor should encourage the attitude that a family
dispute is not a contest in which there is one winner and one loser,
but rather a search for fair solutions. He should avoid using words
or phrases that imply a dispute when no serious dispute necessarily
exists.
- Because of the involvement of personal emotions in family
disputes the solicitor should where possible avoid heightening such
emotions in any way.
- The solicitor should have regard to the impact of correspondence
on the other party when writing a letter of which a copy may be sent
to that party. He should also consider carefully the impact of
correspondence on his own client before sending copies of letters to
the client. The solicitor should avoid expressing personal opinion
as to the conduct of the other party.
- The solicitor should aim to avoid mistrust between parties by
encouraging at an early stage full, frank and clear disclosure of
information and openness in dealings.
Relationship with client
- The solicitor should ensure that his relationship with his
client is such that his objectivity is preserved and his own
personal emotions do not cloud his judgment.
- Whilst recognising the need to advise firmly and guide the
client, the solicitor should ensure that where the decision is
properly that of the client, it is taken by the client and that its
consequences are fully understood, both as to its effect on any
children involved and financially.
- The solicitor should always ensure that the client is fully
aware of the impact of the costs on any chosen course of action. The
solicitor should throughout have regard to the cost of negotiations
and proceedings.
- The solicitor should ensure that the client is aware of the
existence and range of all other services which may be of assistance
in bringing about a resolution and helping members of the family
through the process of family breakdown, such as mediation and
counselling.
Dealings with other solicitors
- In all dealings with other solicitors, the solicitor should show
courtesy and endeavour to create and maintain a good working
relationship.
- The solicitor should not denigrate the other solicitors involved
in the case to the client.
Dealings with the other party in
person
- In dealings with another party who is not legally represented
the solicitor should take particular care to be courteous and
restrained. Special care should be taken to express letters and
other communication clearly, avoiding technical language where it is
not readily understandable to the layman or might be misunderstood.
- Wherever any party is not legally represented, that party
should, in the interests of both parties and the family, be advised
to consult a solicitor.
Court proceedings
- The taking of any action or proceedings which is likely to cause
or increase animosity between the parties must be balanced against
the likely benefit to the client and the family.
- Where the purpose of taking a particular step in proceedings may
be misunderstood or appear hostile, the solicitor should consider
explaining it, at the first practical opportunity, to the other
party or his solicitors.
- Before filing a petition, the solicitor should consider with the
client whether the other party or his solicitor should be contacted
in advance as to the intention to petition, the "facts" on which the
petition is to be based and/or the particulars to be alleged, with a
view to proceeding by agreement. A client should be advised that
filing a Petition and/or Statement of Arrangements without first
attempting to agree the contents is likely to increase feelings of
contentiousness and hostility, making any settlement much more
difficult to achieve. It may also earn the disapproval of the Court
and may have a bearing on the issue of costs.
- The solicitor should advise the client that on receipt of
approval from the other spouse of a Petition or Statement of
Arrangements, and other than in exceptional circumstances, a client
should not first file their own petition without giving their spouse
at least 5 working days written notice of the intention to do so.
- The solicitor should discourage a Petitioner client from naming
a Co-Respondent unless there is a compelling reason to do so.
- A solicitor should conduct family law proceedings, including the
preparation, advocacy and implementation, in the most cost-effective
manner and in such a way as not to increase hostility unnecessarily
and as to allow reasonable opportunity for settlement.
Children
- The solicitor should, in advising, negotiating and conducting
proceedings, encourage both his client and other family members to
regard the welfare of the child as the first and paramount
consideration.
- The solicitor should aim to promote co-operation between parents
in decisions concerning the child, and should consider encouraging
arrangements to be reached direct or through mediation.
- Issues of arrangements for the children on the one hand and
finance on the other must be kept separate. They should be referred
to in separate letters.
- The solicitor must remember that the interest of the child may
not coincide with those of either parent, and in exceptional cases
it may be appropriate for the child to be separately represented;
this may be by the Official Solicitor, a Panel Guardian (in
specified proceedings) or in the case of a "mature" child by a
solicitor direct.
The child as client
- A solicitor should only accept instructions from a child direct
if the solicitor has the requisite training and expertise in this
field. The solicitor should make personal commitment to undertake
all preparation and advocacy for the child and give the child the
same respect afforded to an adult as client.
- A difficult and continuing duty for the solicitor is to assess
the child's capacity to give instructions.
- The solicitor should ensure that the child has sufficient
information throughout the proceedings to make informed decisions;
advice and information should be presented in a clear and
understandable form. The solicitor must be aware that certain
information may be harmful to the child.
- The child's solicitor should maintain a neutral approach as
between each parent, the local authority and other parties.
- Detailed guidelines have been drawn up by Resolution for those
members acting for children. Copies are available from the
Secretary.
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