General Duties of a Family Law Lawyer
The term "family law attorney" can be a bit of a misnomer. While most family law attorneys tend to focus on divorce, child custody and support, as well as alimony, their work may also include adoptions, wills, domestic violence cases, and other family-matters cases. A family law attorney provides legal services concerning family and domestic matters for clients. Although each case is unique, there are several common issues that these attorneys generally work with their clients to resolve. These include:
In addition to the above-mentioned services, these attorneys also act as advocates during the many financial and child-based decisions their clients face. For example , in amicable divorces, they help their clients file for divorce and prepare parenting plans. In contested divorces, they represent their client’s interests, attempt to create settlements, and argue cases in court on their client’s behalf. Family law attorneys also work closely with clients on issues surrounding wills, domestic adoptions, paternity testing, surrogacy, divorce property division, visitation and child relocation. Lastly, family law attorneys may also work with families and individuals who have decided to start working with a mediator.
Family Law Attorney Skills
When hiring a family law attorney, it’s important to seek one who has the most comprehensive skills. For that, you’ll want to find one who can negotiate, is sincere and responsive to your needs, can focus on the appropriate issues, and put all their enthusiasm behind you.
Many people ask us what kinds of skills are important for family lawyers – in all law, by the way – to have. From our perspective, the following skills are vital:
Negotiation
Family law attorneys need strong negotiation skills to help clients achieve their best possible outcome. Mediations and negotiations are an important tool all family law attorneys need to have in their arsenal. You’ll want to find a lawyer who settles cases when it is best to do so, but doesn’t jump to settle just to move the case along and get out of court.
Empathy
Family law attorneys need to have empathy and the ability to see a case from the client’s point of view. In family law matters, particularly during a divorce, clients’ emotions are high. A good attorney will listen to the client and find understanding, rather than be judgmental.
Focus
The best family law attorneys are able to focus on the most important issues. Everything feels highly urgent during a divorce, but a skilled divorce attorney will help his or her clients stay focused on the ultimate goals. They lead you to a successful conclusion of the matter, rather than get lost in the muck and not know where to turn or go to next. The client knows the process is on track, that there is a way out of the situation, and that they will be successful.
Enthusiasm
If something is done half-heartedly, or without enthusiasm, you don’t get good results. Most clients came to a family law attorney after a difficult or heart-wrenching situation. They want someone to champion their cause, one who is enthusiastic about their case and has their best interests at heart.
Friendliness
Your lawyer must be approachable and friendly. He or she should have an interest in his or her clients and have a sincere care about them. He or she should exhibit warmth and friendliness together with toughness.
Clear communication
Clear communication is vital between clients and their attorneys. Clients typically don’t understand the law or the legal process, so it is imperative that their attorneys are able to communicate in a way that they easily comprehend. You don’t want your attorney getting into a bunch of legalese- you want to be able to understand everything being said to you.
Family Law Attorneys’ Educational Background
Although the precise requirements vary, most provinces have similar educational requirements before one is permitted to practice law in the province. One typically needs to have completed an undergraduate university degree before entering law school. If you are applying to law school in Canada, in most provinces, you must have a minimum of an undergraduate degree in any subject, but many law schools require their applicants to have an undergraduate law degree. Many law schools will also encourage their applicants to have completed courses pertaining to the societal positions, meanings and implications of law before being accepted into law school. After the completion of your undergraduate degree, you must obtain a Juris Doctor degree (JD). The Juris Doctor degree is earned upon the successful completion of the second or third year of law school. Upon completion of your Juris Doctor degree, you are able to sit for the bar examination. Subjects to be covered on the bar examination vary by province. In general, law schools offer courses in Canadian constitutional law, administrative law, criminal law and civil procedure. After the completion of the bar exam, you will have the opportunity to apply for admission to the bar and obtain a Certificate of Qualification. In Quebec, as you have completed a civil law program, you will also need to complete an additional common law program in order to obtain a Certificate of Qualification. If you have obtained a law degree and a Certificate of Qualification from the National Committee on Accreditation and are currently seeking employment with a firm specializing in family law, it is likely that you will begin your career by getting involved in the junior legal roles as articling student or as a summer law student. Once you have completed the program of training or apprenticeship set by each province, you will be able to practice in law offices, courts and quasi-judicial tribunals. After having been called to the bar, you may undertake training specific to your field of practice. Those in family law or divorce law may benefit from training related to such issues as alternative dispute resolution, collaborative practices, child custody mediation, the division of family assets, etc.
Workplace for Family Law Attorneys
Family law attorneys can be found working in many environments. They typically work for law firms as part of a small to a large group of lawyers and assistants. They may also work independently or in a private practice, and some may work for the government.
In a firm, family law attorneys will work closely with other lawyers and legal personnel to help clients through family law issues. Attorneys are likely to follow an established work schedule but are also likely to work long hours in and out of the office, often working evenings and weekends as well as during holidays . In the government, much the same is true, but the sense of urgency may be less and the situation not so worrisome. Family law attorneys have been known to put in 60+ hour weeks in private practice. Family law attorneys may also have a lot of travel as well as court room appearances. Lesser experienced attorneys are likely to do more research and paperwork for experienced family law lawyers.
Obstacles for Family Law Attorneys
Family law attorneys face myriad challenges every day. The most obvious challenge is the high-stakes nature of the services they provide. For many of their clients the family law attorney is at the family law firm is the only professional those clients deal with throughout the three or more years (it’s increasingly common for divorce or child custody proceedings to last the better part of a decade) that their case is pending. Family law attorneys must also master a broad array of very complicated statutes, rules, and even constitutional concepts just to stay out of trouble. All lawyers must constantly brush-up on the latest developments in caselaw. Family law attorneys have to know the law not only for their own state, but often many other states where their clients are not actually litigating, but benefit from their attorney’s knowledge of those jurisdiction’s laws. Family law attorneys must also be psychotherapist’s, pickpockets and crisis counselors. Many spouses who initiate divorce proceedings have already started grieving the end of the relationship and are angry, sad and disoriented. That those spouses’ emotions are spilling into the representation is the most memorable part of the family law attorney’s next day on the job. Family law attorneys cannot afford to add to their clients’ emotional distress. They must adopt policies or male sure that they always respond to their clients’ questions and concerns. Many family law attorneys say they feel that they are running up a down escalator. A good family law attorney must also act as their clients’ consultant and strategist. They must help their clients figure out what they value most and what they more-or-less value, and then they must help those clients put together the pieces in a way so as to keep them off of the street after the end of the divorce. They must help their client’s access the resources and services they need – financial and emotional, and help their clients maintain enough poise to make good decisions even in the worst moments. Family law also requires a lot of high-conflict negotiation and litigation. This means that family law attorneys often must help their clients navigate family members’ interpersonal problems with lawyers and other professionals on the other side of the case. And family law attorneys can hardly choose their clientele. With some exceptions, there’s always someone on the other side of the case who can benefit their client’s efforts at beating them over the head with a hot-air popper if their clients’ will let them. And they must constantly fight that impulse even when it might benefit their clients’ positions. Many family law attorneys are too empathetic for their own good. It greatly distresses them to see their clients hurting so much.
Future Opportunities in Family Law
Individuals who complete a family law attorney program are qualified for entry-level positions in the family law field. They may work as paralegals, law clerks, and family law legal assistants. Career opportunities are expected to grow by 11% through 2028, which is considerably faster than the national average. As the baby boomer population ages, there will be an increasing need for legal services related to divorce, adoption, child support, alimony and paternity.
Due to the complex nature of many family law matters, attorneys are also in demand. Attorneys may represent clients in a variety of capacities . Family law attorneys are often known as divorce or child custody attorneys. Those who work in the field of child custody or visitation may mediate visitation disputes. Divorce attorneys may help clients through a high-stakes divorce case, or assist with an amicable divorce in which few contentious issues exist.
Attorneys may also choose to focus on other family law areas, such as surrogacy or probate, which deals with inheritances and the distribution of assets owned by a deceased person. Family law is an expansive field, with numerous areas of practice.