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Family Lawyers: The Divorce Work of Solicitors

John EekelaarReader in Law, Pembroke College, University of Oxford, Mavis MacleanSenior Research Fellow, Centre for Socio-Legal Studies, Wolfson College, University of Oxford, Sarah Beinart

ISBN13: 9781841131856

ISBN: 1841131857

Published: September 2000

Publisher: Hart Publishing

Country of Publication: UK

Format: Hardback

Price: £90.00

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Paperback edition , ISBN13 9781841131863

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Provides an insight into the real world of family solicitors at a time of great change within the delivery of legal services. The legal process is widely perceived as being in itself harmful to the resolution of family disputes. This book considers this argument on the basis of research.

Subjects:: Family Law

Contents:: Part 1 The policy context: the family law act 1996 - harbinger of revolution?; the reforms delayed - reprieve for the legal process?; the judiciary lend a hand; empirical evidence about lawyers and divorce; the public funding of family law work - the legal aid reforms; funding-driven suggestions for changes in the substantive law; in conclusion - lawyers on trial.; Part 2 The data collection: the objectives; the method.; Part 3 Family solicitors - the workforce and the work: the nature of the workforce; the work of family solicitors.; Part 4 Observing a dual profession: a ""dual profession""; the legal aid practitioner; a ""day in court""; the private client; the core activity - interaction; conclusions.; Part 5 Solicitor and client - support and negotiation: supporting the client; negotiating a position; support in action.; Part 6 The ""other side"" - achieving settlement: the significance of legal representation; some negotiating strategies; negotiation - conclusions.; Part 7 Outcomes - are solicitors cost-effective?: calculating value for money; the costs and benefits; in conclusion.; Part 8 Process issues - duration and cost: obtaining the divorce decree; the ancillary relief pilot project; financial disclosure; ""constructive delay""; structural reasons for delay; the relevance of legal aid; intrusion of extraneous matters; obstructiveness of the parties; efforts to speed up the process; solicitor-induced delays; conclusions -duration and cost.; Part 9 Conclusions - family law practice - a business or a profession?: a review of findings - the tensions in family law practice; what improvements might be made?; do family lawyers create work to maximize profit?; final thoughts; appendix.