Legal Aid Cuts and Keeping it in the Family

(Posted on 19/02/11)

This week, as folks were bracing themselves for the government's legal aid cuts, planned for months, questions began surfacing on what the absence of a legal-minded third party could mean for cases in family courts. Any solicitor specializing in family law knows well the emotions involved anytime family members square off in a legal setting. It's difficult to lay aside those familial instincts and deal solely on the issues at hand; remove that third party, however, and these cases can easily, quickly and perhaps dangerously, lose perspective.

Baroness Butler-Sloss, who delivered a presentation to the Society of Conservative Lawyers last week, brought this eventuality to the forefront.

"(Plans) would force many people to represent themselves in court and the heightened tensions of litigants in person in family cases will enormously complicate the task of the court".

She went on to say that legal representation ensures the cases move forward and often, compromises are only reached via the cool heads prevailing that are not related to the litigants. The absence of attorneys ensures these cases will drag on - miserably for those involved.

Further complicating matters is the new trend of experienced solicitors opting to leave this particular specialty for better money. A better way must exist, says Baroness Butler-Sloss. "I'm just wondering if anyone in the government has done a costing to the courts budget of the impact of two litigants in person fighting a case with no counsel". She's not the only one wondering as these realities begin to set in.

Finally, she reminds participants that approximately 8% of family members will not settle; this begs the question, how will these cases be handled? How will they ever find a conclusion?

What are your thoughts? Do you think Baroness Butler-Sloss hit the target or will families learn to settle differences without legal avenues?