Family affairs

In a continuing series, Peter Watson-Lee, chairman of the Law Societys family law committee, discusses its role in an ever-changing practice environmentFamily law is changing rapidly.

Hardly a month goes by without a new government initiative or a substantial public funding change.

New legislation, mediation, pilots and case law are changing at an unprecedented rate the way in which family law is practised.Worryingly, many of these changes originate from bodies with little knowledge of the day-to-day practice of family law.

It is the job of the Law Societys family law committee to keep track of and influence these developments on behalf of the profession and our clients.

This involves responding to the numerous consultations that come out, often at short notice.

It involves commenting on and tracking new legislation and negotiating and attempting to influence the developments that are taking place.

With the rapid and often disjointed developments that are occurring, it is a task of great importance.The strength of the committee is that it comprises solicitors drawn from the whole spectrum of family work.

As well as solicitors in private practice we have lawyers from local government and the magistrates court.

Some of the solicitors specialise in weighty financial cases.

Others deal mainly with children work.

Some are qualified mediators.

Some work in practices that are mainly publicly funded; others work in practices that are not.

A number of our committee members are also members of the Solicitors Family Law Association (SFLA) and one specifically represents the SFLA with which the committee works closely.

The committee members also come from regions throughout England and Wales.By being broadly based, the committee is able to bring a common-sense and practical approach to the proposals that are put forward by the government and others.

One of our particular aims is to build our relationship with the Lord Chancellors Department (LCD), the Legal Services Commission (LSC), the judiciary and other family law decision makers in the hope that we can increase our input and influence at ever earlier stages.Another aim is to be pro-active.

Our most important initiative at present is the preparation of the family law protocol.

Following the Woolf reforms, protocols are being encouraged for each area of law.

The family law committee considered it important to take the initiative in the preparation of the protocol to ensure that it is drafted in a realistic and practical manner for practising solicitors.The protocol is now well advanced, and we have been extremely fortunate in having great assistance from the SFLA, the LCD and the LSC.

The consultation process has now been completed and significant responses were received from a wide range of people.

These responses have been considered, and it is hoped that the protocol will be published in the summer of 2001 and that it will do much to enhance the reputation of family law solicitors.Partly through the work on the protocol and other initiatives by the committee and others, not least the SFLA, one gets the impression that there has been a change of approach in the government towards family solicitors over recent years.

At the time of the Family Law Act there was a view that the government wanted to de-lawyer family law work, but much work and research since then has confirmed the good work that family lawyers accomplish.Family law practitioners will have seen announcements of the governments most recent project, which is the piloting of family advice and information networks (FAINs), which at first sight appear to replace the divorce information meetings.

Although the details are still sketchy, it is at least pleasing to see that solicitors are going to be closely involved from the start and that the governments press releases specifically refer to the benefits of the Law Societys protocol.

I suspect that FAINs will be there on our next committee papers for comment and consideration, together with the Child and Family Court Advisory and Support Service (CAFCASS), community funding, adoption legislation and a host of other pressing changes.

On some of these items I hope we may have some influence what I do not doubt is that on all of these items my fellow committee members will have no shortage of views.l For any additional information about the work of the Law Societys family law committee, contact Cheryl Morris, Policy Adviser, at the Law Society, 113 Chancery Lane, London WC2A 1PL, DX 56 London/Chancery Lane, e-mail: cheryl.morris@lawsociety.org.ukl The family law committee also produces the Family law newsletter three times each year.

The next issue will be sent during the summer to firms with a member on the family law panel.

FAMILY COMMITTEE FACT FILECHAIRMANPeter Watson-Lee is the chairman of Williams Thompson Solicitors of Christchurch, Dorset and has more than 20 years experience of family law work.

He specialises in ancillary relief matters.Mr Watson-Lee became chairman of the Law Societys family law committee in September 2000.

He had been vice chairman of the committee and has been involved with the committees work for a number of years.

He is a former Law Society council member (representing Dorset) and has been involved in the Societys work for a number of years.He was the director of the Solent and Isle of Wight divorce information meeting pilot financed by the Lord Chancellors Department, which ran from June 1998 to June 1999, piloting the proposed divorce information meetings seen by the Family Law Act 1996.

COMMITTEE MEMBERSRobin ap Cynan, Lupus Mediation, Wolverhampton (member of the alternative dispute resolution committee; Law Society Council member)Sally Dowding, Elwyn Jones and Co, BangorGodfrey Freeman, Morecroft Urquhart, Liverpool (SFLA representative)David Hannah, Steels, WarringtonMark Harper, Withers, LondonKathryn Hughes, Farleys, BlackburnKatharine Lowthian, Dickinson Dees, NewcastleMartin Mears, Mears Hobbs and Durrant, Great Yarmouth (Law Society Council member.)Pat Monro, Darlington and Parkinson, LondonCaroline Pilmore-Bedford, Bexley Magistrates Court, Bexleyheath, LondonEileen Pembridge, Fisher Meredith, London (Law Society Council member)Louise Spitz, Manches and Co, LondonPhilip Thomson, Essex County Council, Chelmsford (member of the Law Society Local Government Group)Andrew Wilson, TKW, Derby (Law Society Council member)