Common Problems Encountered By Family Lawyers

One profession that fails to garner any public sympathy is family lawyers, a field where professionals attempt to strike deals and reach conciliatory agreements following a separation. Seen by some as a necessary evil where representation in a court of law is required, this is a niche that has seen much change and with it, a degree of criticism and scrutiny where attorneys have been forced to justify their existence.

What has resulted is a series of problems and challenges where family lawyers have been forced to find solutions to their practice. Few will be quick to leap to their defence as firms are left to change their approach to practicing.

Here we will discuss the key challenges they face in 2018 as the profession continues to force practitioners to adapt or to fade away.

Increase in Competition

With divorce rates slowly increasing on an annual basis for the past few decades, family lawyers are in hot demand. This niche has seen incredible growth in recent times as attorneys who specialise in this field continue to see cases pile up on their desks. What this fixation in the market has caused is increased competition where more firms and lawyers are emerging on the scene.

Parents Rights vs. Children’s Interests

Australian has experienced much change in this field, with a Senate inquiry taking place over alterations to the 2006 Family Law Act. Family lawyers have since been placed in the middle of a debate that sees interpretations differentiate between the rights of the parents against the best interests of the children involved. Some analysts have attempted to verify the official definitions in the eyes of the law, yet this remains an ongoing concern where outcomes are scrutinised.

Emotional Clients

A divorce is always a fraught time for individuals who are experiencing tremendous physical and emotional degrees of stress. Needless to say that consultations with family lawyers is not high on their agenda item and this is where meetings and modes of communication can becomes complicated for the attorney. As they attempt to undertake due process and operate in a quick and diligent fashion, their client can be hampered in their decision making and ability to articulate a coherent position.

Irrational and Impractical Demands

An extension of this concern for family lawyers is seeing their clients failing to take on their legal advice. Whether it is a marriage or a de facto relationship that ends acrimoniously, one party can attempt to use the legal system purely for their own needs to make demands that are either impractical or irrational. Attempting to control and venture beyond anger is one of the key challenges that a qualified attorney must solve.

Sourcing Outside Council

Family lawyers that are unable to help emotional and irrational clients will often see them sourcing outside council. Friends and family members are often relied upon during separations and these are parties that can be incredibly opinionated and equally partial to lending their own council that does not have legal implications in mind. Clients cannot be prevented from talking to loved ones and those they trust, but an attorney must recommend against taking their word over that of their council.

Summary

Family lawyers are seen as a nuisance in many cases and vultures by the ultra cynical. However, it is worth noting that these challenges they face do get in the way of an important process that helps to mediate and collaborate between two spouses who have encountered their own difficulties without any legal interference. Family lawyers are on hand to help smooth that process over for the sake of both parties and that of any children involved.

Steps to take when you urgently need a bail lawyer

Bail lawyerIn some cases, a person will know in advance when they are going to be taken to court for a criminal charge. In these circumstances, people are easily able to find a representative, make a plan, have time to process, and can chat with their friends and family members about the matter at hand. This isn’t always the case, however, and some people will find that they are placed under arrest and are to be kept in prison until the date of their court hearing. This can make things very difficult for their loved ones, can challenge them mentally, and can make things difficult with their work. It can also mean that it becomes much harder to prepare for a trial. Because of all of these reasons and more, people in these circumstances will urgently seek support from a professional bail lawyer. From here, a professional bail lawyer is able to put in an application on the behalf of their client so that they can return home to prepare for their day in court. There are factors that will contribute to whether a judge will accept this application or if they decide to include certain conditions that are fair and reasonable. As spending time in prison can be such a traumatic experience, it is imperative for people in these circumstances to find a good bail lawyer as soon as possible. And so this article will explore some steps to take when urgently needing a bail lawyer.

Steps to take during an arrest

The first thing that people will have to go through is an arrest. This is usually when a police officer believes that someone is a risk to a member of their family, if they reasonably believe that they have committed a crime, or if they have a warrant for their arrest. When this does occur, the first step is to always go with the officer and listen to their directions. Otherwise they are able to charge a person with resisting arrest. If they happen to be too forceful during an arrest, a bail lawyer will also be able to help their client make a complaint. Once at the station, information will be gathered and it will be determined whether someone is kept in custody or not. If someone is kept in custody they are able to make two phone calls. One of these calls can be used to contact a loved one and another call can be made to a bail lawyer. From there, they can act as a representative and help their client with their application to be released from prison.

Steps to understanding the conditions of a release

There are some conditions of a release that must be met in order for someone to be sent home from prison. One of the first conditions is that a person is living in a certain place e.g. they cannot be couch surfing throughout this time. They must also report to the police station, promise to attend their court date, and have someone to act as their surety. For others, they may have additional conditions that they must adhere to such as not going near a certain family member, they must complete regular urine testing, or they may stick to a curfew. If these conditions are broken, there can be very serious consequences, all of which a professional bail lawyer can explain to their clients. While being placed under arrest can be a very trying time, it is important not to panic or make any rash decisions. Simply calling a bail lawyer is the best move to make every time.

Should you pursue a career in law?

Being a lawyer is one of those high profile jobs that has been popularised by TV and film media throughout the decades. At best society sees lawyers as well-off legal advocates and at worst sees them as morally bankrupt defenders of criminals.

While entrenched societal views on the profession should not affect your decision to pursue it, you should be clear on your reasons for wanting to pursue law. Law is one of the hardest academic subjects to pass and is not exactly a cushy job once you graduate.

Therefore people who wish to study and practise law need to be sure they are ready for the commitment they will need to make. Let’s take a look at whether or not you should pursue a legal career.

Are you a people person?

While lawyers aren’t comedians or talk show hosts, they need to have communication skills in order to interact with their clients. When people come to you seeking legal counsel, they are relying on you as a professional to communicate with them using layman’s terms.

This means you need to be able to disseminate large amounts of legal information and translate it in a way that makes clients feel confident in your abilities. Often your communication skills will be required to help a client understand their legal situation and what their realistic options are.

As a lawyer you may also be required to collaborate with other legal professionals and this will require you to be able to share a workload with someone else.

Are you a good rhetorician?

This skill is especially important in criminal and family law matters where you will advocate on behalf of your client in front of a judge, magistrate or jury. You should be able to persuasively communicate your client’s case in a court of law where it will be heavily scrutinised by the judge and opposition.

Are you a good researcher?

The bread and butter of legal work is studying precedent and jurisdictional rules so that you can create an actionable case. If you don’t have good research skills it can be easy to get bogged down in this line of work.

As you career advances and you become a more bankable lawyer, you will likely hire a team of paralegals who can perform the bulk of research that you need for a case. This is necessary because at high levels you will be dealing with too many complex cases for you to manage without a support team.