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Family lawyers deal with all legal matters relating to marriage, separation, divorce, cohabitation and all issues relating to children (eg, maintenance and access arrangements, and adoption both in England and internationally). Family law also encompasses financial negotiations, inheritance issues and prenuptial contracts. Some family law cases involve substantial assets and complex financial arrangements, or high-profile cases with well-known personalities.
Family law developments are very much driven by changes in society, and although the role of a family law solicitor calls for an astute legal mind, you also need ‘softer’ skills such as tact and sympathy.
Rachel Cantwell is a second-year trainee at Penleys LLP, a private client firm in Gloucestershire. Rachel studied law at Leeds Metropolitan University, following some work experience while at school and consultation with family friends.
Rachel took a couple of years out after university to go travelling and get some hands-on experience in the legal world, first in the admin department of an Australian law firm and then as a paralegal back in Bristol at national firm Lyons Davidson. She explains: “I worked in the insurance litigation department, small claims unit, on a recovery project. This gave me the opportunity to effectively manage a high volume of my own files – under supervision, of course! Conduct of claims covered all aspects of the small claims procedure, from initial investigations and issuing a claim, through to preparation of the trial bundle and instructing counsel. It was necessary to liaise and communicate with all parties to the claim, to discuss and negotiate, in order to reach a realistic settlement in the interest of my clients. Overall, working at Lyons Davidson was good general litigation experience, which was especially helpful when I did the LPC.” And even better, three months has been taken off Rachel’s training contract because of her time as a paralegal, as ‘time to count’.
Rachel studied the LPC at the University of the West of England, Bristol, which she says “was well organised, well structured and well taught – I really enjoyed it. It was a hard and intense nine months, but the tutors were very helpful if you had any difficulties. My paralegal experience also helped, particularly with the civil litigation and the skills modules”.
With her LPC and paralegal experiences behind her, Rachel has now embarked on the next stage of her journey – a training contract with Penleys, a small firm based in Dursley. She is currently in the litigation department and undertakes family work as part of that seat. She explains the type of family work that she’s been exposed to thus far and what she can expect a bit further down the line: “I have been doing work in relation to divorce and ancillary relief proceedings, which includes drafting divorce petitions and statement of arrangements for children, as well as preparing financial statements, questionnaires and briefs to counsel. I do a lot of liaising with clients and also observe meetings between my supervisor and clients, and attend conferences and court with clients and counsel. In due course, I will be getting more involved with disputes relating to children – for example, Section 8 orders concerning contact or residence, and some domestic violence cases.”
Rachel talks about the broad nature of her traineeship: “My present seat is in the litigation department, so in addition to family matters, I am involved in personal injury and general civil litigation cases. I also help out other departments occasionally by carrying out research or if something is urgent. To try and organise my workload, I write a ‘to do’ list every day, which I find helps me to focus. Today, for example, I am working on a reply to a questionnaire and a narrative statement for ancillary relief proceedings, which will probably take most of the day. Other days, I might observe a meeting with a client, draft a divorce petition and assist with a personal injury or civil litigation case. Every day is different!”
Client contact and care is paramount in family law, explains Rachel, and one of the most rewarding parts of the job. She says: “With family law you have a lot of client contact throughout the case, whether face-to-face or on the telephone, which is great. I also enjoy going to court and observing counsel. It’s nice when matters are settled with an outcome that the client is pleased with – you can tell that the weight has been lifted off their mind.” Obviously, part and parcel of the job is the more mundane task of form filling; for example legal aid forms or the Form E, Financial Statement – “this is 26-pages long and seems to be never-ending at times!”.
There are particular attributes that make a good family lawyer. Rachel elaborates: “You need to have good listening and people skills. It’s important that you address your clients’ concerns with diplomacy and professionalism, as you are often dealing with people at an emotional and vulnerable stage in their lives. You also need to be honest with clients and take a pragmatic approach. These are very sensitive issues, so you have to be approachable. More generally, you have to be organised, diligent and able to work efficiently within limited timescales. For example, if you have an emergency injunction in relation to domestic violence, you need to drop everything and do it.”
Work experience is essential for getting ahead and impressing prospective employers. Rachel’s background is testament to this, as she explains: “For any type of law, it is highly beneficial to have had some work experience (or even paid employment) in a legal environment – if you can get paralegal work, that’s even better. Firms have such high expectations of their potential trainees and the competitive nature of the sector means that you need to stand out. It’s also essential for working out whether it’s something you really want to do – there’s an awful lot of time and money invested in training, so make sure it’s really what you want to do! I took three years out, travelling and working, to make sure that the hard work and six years of training and expense was the right decision.”
Looking ahead, Rachel is keen to keep developing: “Once you start working, it’s a lot more enjoyable and you learn so much, actually practising the law, rather than studying it. I’m sure that when I qualify it will be another steep learning curve, but one of the best parts of this profession is that you’re forever learning anyway – it would be hard to get bored!”
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