Family law in Scotland

Family law is a huge area. Broadly speaking it can be split into the following categories: marriage, civil partnership and cohabitation; divorce, dissolution and separation; child-related issues; and inheritance and succession.

A family law solicitor's work

As a family practitioner you are responsible for your caseload and it is up to you to manage your time. The role involves court attendance, sometimes requiring evening preparation and paperwork at the weekend. A typical case involves taking instructions from clients, valuing assets, corresponding and negotiating with the other side to reach an agreement, and implementing the paperwork.

Family practitioners tend also to practise as mediators. Given that one in three couples get divorced, solicitors will act for a broad range of clients. Solicitors who specialise in financial matters carry out most work in the context of divorces. A textbook divorce is an office-based matter with an emphasis on conciliation. When matters go to court, hearings can last one or two days in private cases but public law hearings or those involving childrelated issues usually take a little longer.

The type of firm you join will determine the work you’re involved with. Some firms work with high-net-worth individuals while others work with legally-aided clients. Each requires a different approach. This field can be less technical than other practice areas and lawyers’ advice may focus on common-sense matters rather than the law, eg regarding whether your client should move out of the marital home.

Family law is recession-proof, which is good news for law firms that rely on this area for a consistent flow of work. The post-holiday months of January and September are reputedly the busiest times for new clients. Family practitioners rarely experience massive highs or all-nighters. Regular client contact is common, although day-to-day communication tends to be on the telephone or by e-mail.

Students wanting to go into family practice should be aware of the impact of the Civil Partnership Act 2004 and the Family Law (Scotland) Act 2006 on this area. In recent years there have been major changes made to the law relating to divorce, separation, family life and same-sex partnerships. During an interview, candidates may be asked their views on these changes and the need for further reform of such laws.

Skills required

• The ability to strike a balance between being sensitive, compassionate and a good listener without losing sight of your main role as a lawyer. You need to be succinct and analyse problems effectively.
• Time and people management skills.
• Strong negotiating skills.

Traineeships in family law

Trainees work regular hours, unless a particular case needs extra attention. Work involves preparation of divorce petitions, statements to court and court bundles, attending hearings with advocates, and checking valuations of shares and assets in ancillary matters. Family law is fast-changing and it is important to keep abreast of new developments.

Types of law practised

• Civil.
• Company.
• Criminal.
• Employment.
• Land.