Earlier this week reforms of the family justice system, labelled by the government as “the largest in a generation” , came into effect. Much of the media coverage of the changes focused on the government’s plan to establish a network of advice centres staffed by law students to “hold the hands” of divorcing couples as they go through the court process. However, the plan has been met with some scepticism by lawyers and a leading law professor.

 

 

A  family lawyer who spoke to LAG said, “One of the first things you are taught in law school is even if someone asks you about a legal matter in the pub you are professionally liable for that advice.” They were doubtful whether students could get the necessary professional indemnity insurance to give advice and if they would have the skills to deal with clients in often stressful and emotional situations.

 

 

Professor Sara Chandler from London South Bank University (LSBU) told LAG that, “This proposal borders on the provision of unregulated services which exposes not only the clients, but also the students to risks to which neither should be exposed.” Chandler, who previously worked for the University of Law where she established one of the first law school legal advice clinics, said that LSBU had not been consulted on the plans and doubted whether any law school had.

 

 

Professor Chandler stressed that advice clinics in law schools can play an important part in a law student’s education, but that students need to be closely supervised by qualified lawyers with teaching skills and that clients have to agree to this. She fears that students might not be acceptable to many people needing family law advice and pointed out that the costs of supervision, as well as professional indemnity insurance have to be met, “in order to protect members of the public.” She fears that the government wants to take lawyers out of the process, which she believes “is the same as removing the law, and leaving people vulnerable when they most need the law."

 

 

Since legal aid was cut for most separation and divorce cases last year the numbers of self represented parties has been growing in the family courts system. Despite an increase in the budget for mediation services for people who qualify for legal aid, numbers of legally aided mediations have been declining. The changes introduced on Tuesday this week include a provision to make it compulsory for a separating couple to consider mediation. Simon Hughes, the justice minister, says he wants couples to sort out their issues “before they go through the door of the court,” and that he'd like “lawyers out of the process as much as possible.”

 

 

LAG agrees that mediation and other forms of alternative dispute resolution are generally preferable to confrontational court proceedings, but we argue that good legal advice at the start of the process is essential to protect people’s rights. Experience shows that early legal advice also ensures that the mediation process works, as people are more likely to enter it willing after receiving legal advice. We’d suggest that the government should consider a network of properly funded and staffed advice services to give legal advice to separating couples, rather than the half baked scheme involving law students they seem to be proposing.