We sometimes hear that clients find it difficult to know how to choose a solicitor. We sympathise with that dilemma. In problems relating to family matters, and particularly the breakdown of relationships, the need to feel comfortable with the solicitor dealing with such personal issues is very important.
Research shows that most people who find themselves in this situation want to ensure that the arrangements that have to be made for the separation are fair and, if possible, do not involve going through court. They want a solicitor who will give good advice, look after their interests and do so in a fair and reasonable way.
A good starting point is to find a solicitor who is a member of ‘Resolution’.
Resolution, which was formerly known as the Solicitors Family Law Association (SFLA), is an organisation of family lawyers and other professionals in England and Wales, who believe in a constructive, non-confrontational approach to family law matters. Resolution also campaigns for improvements to the family justice system.
Resolution supports the development of family lawyers through its national and regional training programmes, through publications and good practice guides and through its accreditation scheme. Resolution also trains and accredits mediators and is the only body providing training and support for collaborative lawyers in England and Wales.
The cornerstone of membership of Resolution is adherence to a formal Code of Practice, which sets out the principles of a non-confrontational approach to family law matters. The principles of the code are widely recognised and have been adopted by the Law Society as recommended good practice for all family lawyers.
The code requires lawyers to deal with each other in a civilised way and to encourage their clients to put their differences aside and reach fair agreements.
Resolution members follow a Code of Practice that promotes a constructive approach to family issues and considers the needs of the whole family, in particular the best interests of children.
This means:
Solicitors who are members of Resolution agree to follow the Code of Practice. This sets out the way they will conduct their cases and treat their clients and those advising the other party.
The Code of Practice says:
“Resolution is a community of family justice professionals who work with families and individuals to resolve issues in a constructive way. Resolution membership is about the approach we take to our work. This means that as a Resolution member, I will:
And I will work with other Resolution members to uphold this Code and ensure it is at the heart of everything I do”.
The approach to dealing with family problems has changed immeasurably over the last twenty years or so. Long gone are the days when, once a relationship had broken down, one party would be advised to issue a divorce petition immediately and without any sort of approach to the other or any attempt to resolve matters by discussion and agreement.
Nowadays, except where there is a real emergency, sensible attempts are made to find solutions without the need for the cost and stress of becoming involved in a full-scale court case. In the vast majority of cases, even when proceedings are issued, agreement is reached before there has been a full trial where the parties are each represented by solicitors.
However, there are some cases where agreement cannot be achieved. In such situations a solicitor who is a member of Resolution will take whatever steps are required in the court process. In doing so, the solicitor will still adopt a reasonable and constructive approach and continue to look for solutions.
All Family lawyers at Michelmores subscribe to the Resolution approach to dealing with cases.
For more information or some preliminary confidential advice please contact Pippa Allsop, Associate in our Family Team, on +44 (0) 01392 687747 or email pippa.allsop@michelmores.com.
