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Posts Tagged ‘advocacy’

I despair sometimes at ever being properly addressed by my given and chosen name. It’s only short but it causes oh so much trouble.

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Every time I attend an unfamiliar court I go through the motions when I sign in: I enunciate ‘Ms…Lucy…Reed…no it’s double E D…I’m counsel for the Respondent / Applicant…’ (it’s only four letters but 99% of people want to spell it Reid – my husband’s utterly unspellable name fortifies me against abandonment of both my principles and my surname for the sake of an easy life) and then I sigh as they write down ‘Miss Reed’. Even when the court staff don’t ignore what I say the judge inevitably does. As do most colleagues at the bar. I don’t even bother in my local court any more. Diversity training in the court service evidently covers the range of religious books upon which one might swear an oath, but not the respect for gender neutral nomenclature that one might wish to see from the machinery of justice.

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And I am steeling myself for the inevitable day when I realise I look too old to be a Miss anymore, and will be forcibly promoted to a Mrs. Depressing, but at least then it will accurately reflect my marital status, even though it’s nobody’s business but mine (and my other half’s).

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I want to publicise the disastrous proposals to swipe legal aid in family cases. Not just because it will hurt my pocket, but because it is going to have long term and serious consequences for the families who most need the help of the family justice system, which I do not think government, the LSC, lawyers or the public at large fully appreciate. I cannot stress enough for the skeptics out there amongst you that this post is about access to justice and the promotion of family life, not just about fat cat lawyers. PLEASE read the whole of this post (sorry it is long) and let anyone you can know what you think. Please respond to the consultation even if you are not a lawyer.

The family justice system is already under considerable pressure (an understatement – it is already fraying at the edges if not coming apart at the seams):

  • CAFCASS are underfunded and taking up to 8 months to prepare reports. They have inadequate resources to undertake their core work let alone to facilitate the newly implemented contact activities and enforcement orders.
  • Court budgets are being cut. There are not enough judges to deal with cases promptly because they cannot be paid (e.g. 2 months to list an urgent contested interim residence hearing because the local court had overspent 44 judge days).
  • Solicitors are demoralised as they have been absorbing cuts in their pay for years and for many this work is no longer viable and they are closing their doors to publicly funded clients.
  • Public funding is more and more tightly controlled and there is already an increase in litigants in person which itself puts added strain on the system (more court time, less negotiation and consensual resolution)
  • Social workers are demoralised and local authorities are fire fighting. Resource limitations mean they are often reluctant to provide support and assistance to families or the courts

The reason that the system still functions at all is that those who remain are extraordinarily committed and work really hard to find creative solutions to the difficulties in the system. We spend a considerable proprortion of our time finding the least unsatisfactory interim solutions to tide parties over until the court can actually deal with their urgent problem. It’s prejudicial and unfair to parties and damaging for children.

It is still the general view that family barristers do ok and that – by virtue of the fact that we are barristers – we are paid very highly. This is not actually the case. In any event I don’t want to complain about what we are paid – I want to let people know just how much our pay is going to be cut and what consequences will trickle through the system as a result of that and a thousand other tiny cuts. (more…)

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