Knowledge and resources

This practice guide provides an overview of working within the Code of Practice when dealing with the complex and sensitive issues that arise in cases where there is domestic abuse

Written correspondence, such as emails or letters, is still the main method of communication in family disputes. The impact of letters and emails can be significant; therefore, consider who the recipient is and what you hope to achieve with the communication.

The family is not just heteronormative (straight) couples who have their own children; it likely never was. The prevalence of 'alternative' or 'modern' families is more mainstream and accounts for more than 5% of the population. There will be locations in the UK, eg Brighton, Manchester and London where that percentage is much higher. This Guidance Note is a resource for members to help increase the understanding around language and culture but you are encouraged to do your own research.

The introduction, development and evolution of new methods of resolving family disputes for changing families means there is a need for us all to look at how we communicate as members of Resolution; with our clients, with other members, with our clients’ former partners if they are not represented by a lawyer, with other members of our clients’ families, with other non-member lawyers, barristers, judges, mediators and arbitrators and more widely within the family justice system. Poor communication accounts for the largest number of complaints received by Resolution.

Welcome to your January 2023 edition of the Legal Aid newsletter from Resolution.

For every issue of The Review we will be publishing the articles here in the Knowledge and Resources section of our website as well as the pdf of the printed version.

In reality all family law clients should be considered as vulnerable, they are usually in a state of heightened emotion when they first meet with their lawyer, and we are usually asking them to explain very personal and upsetting matters with someone they have not met before. There are of course very different degrees of vulnerability and how best to support and assist our clients can be an area of concern and confusion, particularly to less experienced practitioners. This guide is designed to set out some best practice guidance on working together with vulnerable clients.

Non-married cohabiting relationships continue to increase year on year, so advising clients embarking on cohabitation, those already living together wanting to understand their ‘rights’ and those whose cohabiting relationship has broken down, will form an increasing part of the workload of family lawyers. This guide aims to assist Resolution members and their conveyancing lawyer colleagues to manage these cases effectively, in accordance with our Code of Practice.

Family proceedings (whether court-based, collaborative or otherwise) should be conducted cost effectively without compromising the quality of advice that clients crave and deserve, balancing the benefits of any steps taken against the likely costs – financial or emotional. Many family cases are now concluded without the involvement of barristers. However, certain clients will benefit from representation by an effective team of lawyer and barrister in order to achieve an appropriate balance between cost and quality. This guidance note offers advice on best practice for family law professionals when working with a barrister.

Welcome to your December 2022 edition of the Legal Aid newsletter from Resolution. 

Resolution’s response to the Public Law Working Group

This guide is intended to assist practitioners in advising clients on when expert evidence is required, and instructing the expert in such a way as will be of maximum benefit to the client in assisting them, or the court, in reaching a resolution of a matter in dispute between the parties.

Service of documents is a particularly sensitive area. It is sometimes essential that documents are served upon the other party personally, but this could inflame the situation and be counterproductive to the aims and ethos of the Resolution Code of Practice.

This guide looks at the issues and ways in which service of documents can be achieved in a constructive way, in order to avoid increasing the acrimony between the parties.

One of the most important aspects of a family lawyer's job is to draft documents on behalf of clients. The documentation can take many different forms and it is often these documents that are pivotal in resolving disputes between parties, whether at a court hearing or in negotiations.

The Guides to Good Practice build on the Code of Practice by developing the ethos behind it into areas of practice. This guide focuses on referrals to contact centres and the best practice needed in these cases.

Welcome to your November edition of the Legal Aid newsletter from Resolution. 

Resolution is committed to embracing and adopting an anti-racism approach and a commitment to being an anti-racist organisation.

The object of all dispute resolution is to clarify facts and narrow issues. The use of experts may be considered in child-related situations, including proceedings. Those involved in assisting parties, including the court, may be helped by an expert’s findings in relation to injuries or medical complaints, psychological problems including attachments, or even how children have reacted in a supervised contact centre.

Resolution Together is a way of working that allows lawyers to work with and advise couples jointly, including providing appropriate legal advice, through a divorce or separation.

Legal Aid Committee member Nicola Jones-King and legal aid consultant, Vicky Ling, share hints and tips about how to approach your next legal aid audit.