Among all the law specialties, there is one for which the deepening of the subject by the study or the practice can not be enough. Receptacle of the emotions proper to human life, family law
lies at the border between logic and truth. A line between the rigor of the law and the confusion of feelings, family law can only be properly practiced with certain natural predispositions.
Important qualities for family lawyers
Impossible to practice family law without having an inclination for the nature of the human being, a certain sense of listening and spontaneous empathy. The client of the family lawyer does not go to his lawyer with a specific question in mind and a problem with clear outlines to solve.
Crossing the door of a lawyer’s office to expose one’s personal, marital or family problems is often a test in itself. The last stage of a long process, and the first of another, more long again.
It will sometimes be a question of exposing the most intimate elements of its privacy, to plunge the practitioner despite himself into the heart of the life of his client, at a generally tumultuous period of his life: divorce, succession, placing under provisional administration or guardianship.
If the lawyer then has to show the greatest empathy when meet his client, he must also ensure from the outset to establish a certain reserve, a necessary distance to enable him to fulfill the function that is his: advise and guide, in the maze of laws and the procedure.
Since this is a situation that affects the very person of the client, the first mission of the lawyer, from the first meeting, will always be listen patiently to your presentation, gently guiding and re-centering if necessary. Even if their cases involve most common legal family issues.
Common family law issues
Family law issues include the following:
- Parental authority
- Civil status / Nationality / Stay
- Patrimonial right
- Family contracts
Family contracts issues
In family law matters, family contracts have a certain place. Regarding extra-patrimonial domain, they can also develop the most important issues. It was considered that family law was related to public order and that the parties had little opportunity to evade it.
The concept of a family contract is flourishing. The activity, in people’s rights, comes down in two parts:
- a heritage component that concerns family assets: their acquisition, their conservation, their circulation, their transmission and finally their devolution between alive or because of death;
- an extra-marital component: the persons, the parent-child relationships and family relations.
Regarding post-divorce pleadings (child support, right of access and accommodation of children, …), the act under signature legal can be extremely useful. The appearance before the Judge may not be strictly necessary. We could proceed to modifications of the initial act by the acts with enhanced protection.
The collaborative process in family law is a new alternative way of settling family disputes. It proposes a solution based on the involvement of the parties in their contractual commitments to search with their respective lawyers constructive and soothing solution then different in the respect of dignity and justice.
It is therefore a process in which each party is assisted by its lawyer who was trained and who enters into a negotiation for the purposes to develop a common solution.
The family lawyer has a dedication to provide tailor-made solutions to specific needs of their clients. So special care is needed to the constraints and imperatives that face the customers internally:
- Listening and maintaining an ongoing exchange with customers is a key element in the success of their cases
- Provide personalized support to clients at all stages of litigation in order to develop together the most appropriate strategy for their needs.
- Transparency. The fees are based on time spent on an hourly rate basis or depending on the result obtained at the end of the case.
The family lawyer and the client
The relationship between the family law specialists and their clients is not an ordinary relationship.
It is also in the contacts that the lawyer is brought to have with his client that reveals the multifaceted aspect of his job.
Sometimes a priest (ready to receive the most intimate confessions of his interlocutors), often psychologist, judge (no, it is not possible to apply for alimony equivalent to the salary of your ex-spouse), strategist (when the rules of private international law allow a half avowed shopping forum), social worker, accountant or arbitrator (taken between two spouses unmounting the names of birds in a mediation meeting), the family lawyer is in essence one-to-one multidisciplinary.
The fact thus imposes itself on the jurist in an inductive approach. Through its occurrence, it forces the lawyer from the concrete to relate it to concepts and principles, to insert into a model linear slices of life necessarily consisting of waves, unevenness and curves. It is up to the family lawyer to clear this emotional labyrinth and to present to the judge a story whose coherence and logic results intellectual work which can not exist in a purely natural state, such that it is delivered by the customer.