When I am often confronted with the question, "What is it like to be a family lawyer?", my response is instantaneous - "There is never a dull moment in this jurisdiction".
Welcome to life as a family lawyer. Handling emotional clients, juggling court filing deadlines and coping with unexpected twists and turns in the conduct of a case are all part and parcel of the job. The one pervading attribute that all family lawyers possess is a genuine love for people (or a voyeuristic interest in their sometimes sordid lives)!
After undertaking my Articles and practicing for a couple of years as a Banking and Finance Lawyer in a top tier national law firm, I had my personal seachange at the age of 26. Could I see myself drafting mortgages and advising on the intricacies of commercial hire purchase agreements for the next 40 years of my life? NO.
As it was my childhood dream to engage in legal practice, I opted to pursue a new career path in family law. I had had the opportunity of working in a specialist family law practice as a para-legal whilst undertaking my law degree and was attracted by the interface between the law and everyday life.
Family law offers a diverse scope of practice for any budding practitioner. The key areas that we deal with include:
•· Children's issues (whom do they live with or spend time with and issues relating to parental responsibility);
•· Property settlements for married and de facto couples
•· Child support
•· Spousal maintenance
•· International child abduction
•· Financial Agreements (pre and post-nuptial agreements and cohabitation agreements)
•· Divorce
•· Family violence issues
Family lawyers must possess a wide array of skills. The first key element is to establish empathy with your client and to gain their confidence. Often clients are very emotional when they are going through the process of separation and your role as a lawyer may include a degree of quasi-counseling. It is important to refer your client to suitably-trained professionals if they need this level of support.
In addition to understanding the concepts of family law, practitioners regularly import skills and require an understanding of other practice areas including property law, trusts, corporations law, criminal law, wills and probate and equity. In complex property cases, it is not unusual to undertake a degree of forensic analysis which may involve the assistance of skilled accountants.
Family law practice can be immensely rewarding. Securing an outcome for your client which enables them to move on with (and re-establish) their lives and maintain some form of dignified relationship with their former partner (if possible, particularly if children are involved) should be the modus operandi for any practitioner. Sadly this is not always possible however the end of protracted and stressful proceedings for the client and their legal representatives often brings a degree of celebration.
Most family lawyers do not derive the financial rewards that commercial practice yields however salary levels are improving. For those of you motivated by the bottom line, it is worth noting that there are a number of QCs who practice exclusively in family law who ply their services at a fee of $5,500 per day! .... It only takes exceptional talent, a very thick skin (or degree of pig headedness) and approximately 25 years of legal practice to aspire to that!
As the law becomes increasingly more specialized and the rate of marriage and relationship break-up escalates, the number of specialist family law practices is increasing. I work at a boutique family law practice with offices on Collins St and the Mornington Peninsula which employs 6 solicitors and 2 articled clerks. We deal in all aspects of family law.
Many commercial firms have divested themselves of their family law operations however it is a lifeblood of most suburban and country practices. Junior lawyers working in a family law practice are likely to have a significant degree of responsibility at an early stage. You are likely to handle client files, undertake court appearances, draft correspondence and court documentation, research points of law and brief and instruct counsel. It is essential for any junior practitioner to possess a good system of triage (prioritizing more urgent matters), establish a reliable diary system and learn how to work well with your support staff.
The secret to family law practice is commonsense and if you can encourage your clients to look beyond their own feelings of injustice, resentment or bitterness to their former spouse (or a combination of all 3!) inevitably a better and quicker outcome will follow. Getting the confidence to make appropriate judgment calls takes time and more seasoned practitioners will inevitably try to put one over you!
To quote Monty Python, one should "always look on the bright side of life" and it is important to try to avoid taking on board your client's problems and stress.
Best wishes for your future practicing careers. I look forward to working alongside many of you in the years to come as you negotiate the trials and tribulations of family law practice.
Vic Rajah
Associate, Richard Calley Family Lawyers
Accredited Specialist Law Institute of Victoria
