‘Good' and 'bad’ lawyers? Struggling in the shadow of the new law

Abstract

In this paper we examine the work of family lawyers in helping parents to negotiate arrangements for their children at the point of separation or divorce. Our focus is twofold. First, to examine the impact of legislative and procedural changes in family law upon this process and, secondly, to explore the popular perception that lawyers fall into two groups, namely the ‘good' and the 'bad'. Drawing upon empirical evidence we explore how lawyers are responding to the ideological framework of the 1989 Children Act in which child welfare, as the paramount concern of the law, is to be safeguarded through a collaborative style of parenting which is privately negotiated. We examine how far the solicitor’s traditional role as advocate is being compromised by these ideological principles, and by the drive towards mediation. Finally, in the light of empirical evidence, we question the validity of the populist view of what constitutes good and bad legal practice.

Key Words:

• family lawyers
• post-divorce parenthood
• child welfare
• contact