More than one in five clients who have experienced a relationship breakdown were unhappy with their solicitor's performance owing to excessive charging, delays or sheer incompetence, according to government-commissioned research - which has also suggested that a salaried regime could be the way for the future.

The survey of almost 1,500 people who sought help, by Newcastle University's family studies centre, showed that 22% were either 'very' or 'fairly' dissatisfied with the service from their solicitor.

Of those, 28% cited cost as their main grievance, while 26% thought their case had taken too long to resolve.

Some 21% said their solicitor was incompetent and actually created problems.

A further 15% did not consult a solicitor, fearing it would cause added conflict or cost too much.

The study was commissioned to investigate the provision of information in cases after the Family Law Act 1996, which was aimed at using more conciliatory and out-of-court methods for solving family law disputes.

However, the report showed that although solicitors are held in lower esteem than relationship counsellors, they are more popular than mediators.

Two-thirds of those who used a solicitor were 'very' or 'fairly' satisfied.

The report - which family justice minister Lord Filkin said would influence government policy - also highlighted concerns over a shortage of family lawyers owing to a 'steady erosion in legal aid rates over recent years'.

It said a multi-disciplinary service staffed by salaried family lawyers and other professionals had so far proved a success in Canada, where there was a similar shortfall.

'The family lawyers are committed to the team approach and believe that they are able to provide a better-quality service to their clients, and settlements appear to be more durable,' it said.

Collaborative working, where both parties appoint a single lawyer to help reach a solution, was another option.

The report also called for more support for solicitors involved in the Family Advice and Information Networks (FAINs) project, which was 'proving to be demanding both in terms of resources and in terms of the skills and knowledge they need in order to offer a comprehensive service to their clients'.

Kim Beatson, chairwoman of the Solicitors Family Law Association, pointed out that the vast majority of clients were happy with their solicitor, adding that others may have found the advice 'unpalatable' even if it was correct.

'However, we acknowledge that the end of a marriage is generally a devastating experience and we welcome all initiatives which lead to swift and fair process through the family justice system and a reduction in bureaucracy, particularly for publicly funded clients,' she added.

Law Society family law committee member Peter Watson-Lee said he would back a salaried family service pilot as a way of enticing young lawyers into legal aid.

He conceded that some solicitors were 'not applying themselves to their clients' needs', but welcomed the finding that most clients were satisfied.

'The background to the Family Law Act 1996 was that solicitors should be taken out of the process, so I am glad this report confirms that clients still want solicitors,' he said.

By Paula Rohan

See Gazette [2004] 16 April, page 12