Life experience is needed to guide divorcing couples

Justice minister Simon Hughes was reportedly considering introducing advice centres for people who are representing themselves in court (litigants in person or LiPs). So far, so good. It sounds like a plan for helping people to help themselves.

However, it was then revealed that the people giving the advice would be students and trainee lawyers. On the face of it, this scheme appears to reflect the work already being carried out at pro bono clinics all over the country. But – and it’s a big but – the LiPs targeted by Hughes’ new plan are divorcing couples, people who are going through what is said to be one of life’s most stressful events, second only to the death of a spouse.

Some have commented on
the ability of students and trainee lawyers to advise on the legal steps in the divorce trail. But what are the ramifications
of allowing them to take on
a pivotal role in guiding emotionally vulnerable
people through such a
life-changing event?

What about the majority who have gone from school to university to law school, possibly with some work experience along the way? How well equipped are they to deal
with the stress that their client
is under?

One cause of stress is a
sense of not being in control. Experienced practitioners have a good measure of what may or may not be awarded to their clients in different circumstances and can help manage their clients’ expectations. A student who needs to check points with their supervisor is not going
to engender the same level
of confidence.

Counsellors and therapists
go through rigorous training to deal with people facing similar issues in the throes of divorce. Any preparation offered to
law students before they are considered ready to guide
LiPs is unlikely to come close
to the standards of professional counselling.

This is not only of relevance to how clients are treated but also how the advisers themselves will cope with their ‘hand-holding’ role. There may also be instances where advisers are personally affected by a client’s particular circumstances. Any role-specific training must address how the emotional aspects of such a duty should be managed.

Understanding and recognising the boundaries of what constitutes appropriate advice requires judgment that develops over time; it’s not knowledge that can be imparted through training.

Experienced family law practitioners, as well as counsellors, know when and how to engage with, and when to step away from, emotional and stress-related issues while maintaining client confidence.

While it is clearly in the interests of justice to provide adequate and appropriate assistance to those going to court on their own, appointing
a student or trainee lawyer to guide them requires specialist recruitment, training and experience to ensure that all parties are given the support they need. Whether this will be provided remains to be seen. SJ What do you think? @SJ_Weekly

Paula McMullan is a consultant specialising in trainee solicitor recruitment and management

www.mcmullanpartnership.com