The Art of Family Lawyering

It is not often one finds a book as comprehensive as this on any given area of practice. This book has brought together contributions from a very impressive group of professionals. They include experienced family practitioners, academics, judges, social workers and counsellors — all of whom have given valuable and insightful tips for family lawyers. They give you not only what the law is but also what to do if you want to be a good family lawyer. It is a ‘must read’ for any lawyer who is about to take on the challenge of being a family lawyer. For those among us who have had a number of years of practice in the Family Court, this book is nonetheless a good read. Not only does it give up-to-date information on the law, it also lays out the whole array of services made available by the Family Court and the various agencies which are designed to deal with problems often faced by families in distress. The bolts and nuts aside, the book centres the soul of family lawyering.

I like in particular the parts in the book that deal with ‘effective lawyering’. Often, we get too caught up in what we do as lawyers. Sometimes, we forget to see things from the perspective of the client who is going through what must be a very emotionally challenging period of his or her life. The points given remind lawyers what we should do to ensure a high service standard vis-à-vis the client, fellow lawyers and the court.

The book lets you in on the materials and information which you, as a lawyer, can ask for or obtain from the court. These materials like ‘Mediation and You’ and ‘The Ancillary Matters Checklist’ are very useful in educating your client and making sure that your client is well prepared for every stage of the divorce proceeding.

On the topic of Adoption, the book has managed to put together a very comprehensive and practical guide. What is helpful for lawyers and clients alike is the wealth of information given on the Adoption Process; included are the Social Welfare Officer’s chief concerns when conducting home visits.

When it comes to children’s issues, I recommend that all family lawyers take a refresher and read Chapter 4 of the book. It encourages family lawyers to work towards encouraging their clients to cooperate to promote the best interests of the children. This is a refreshingly bold and laudable call to duty for all of us practising family law. We as a professional group can subscribe to this modus operandi, that disputes between clients may be minimised and the lives of the broken 
families improved.

The chapters on Maintenance and Proceedings for Termination of Marriage are very good. They can serve as a best practices guide. I recommend all family lawyers and their clients to read them. I like, in particular, the very sensible list of Dos and Don’ts. It distilled the law and good old common sense into bullet points, such as:

•     Clients should keep their perspective healthy and make real efforts at being rational.

•     Clients should never physically or verbally abuse his or her spouse or children.

•     Clients should not go on a spending spree. Excessive spending may be harmful to the case.

•    Clients should not quit their jobs in an attempt to get out of paying maintenance, or try and make a claim for maintenance.

•     Clients should not try to hide evidence or assets.

The chapters on Mediation and Counselling are illuminating. They give a good description of what clients can expect from the sessions and what they can do to help themselves derive the most out of the services.

All in all, I say that this book of 177 pages is a good investment.
 

Loh Wai Mooi

Bih Li & Lee

‘The Art of Family Lawyering’ is published by the Law Society of Singapore. It can be purchased from the Society at

$43.00 a copy.