วันอังคารที่ 5 กุมภาพันธ์ พ.ศ. 2556

Family courts without a lawyer by Lucy Reed - review

Family courts without a lawyer by Lucy Reed - review Barrister's new book uses plain English to explain family law to litigants forced to represent themselves in court
Reed's book helps litigants representing themselves, including divorce cases, navigate the family court system Photograph: Mode Images Limited / Alamy/Alamy With the government about to announce its final cost-cutting plans for legal aid there is clearly a market for self-help books aimed at people who need access to justice, but can't afford professional help. Family Courts without a Lawyer: A Handbook for Litigants in Person by Lucy Reed Buy it from the Guardian bookshopSearch the Guardian bookshop Tell us what you think: Star-rate and review this bookInto the fray comes Lucy Reed, barrister and author of the Pink Tape blog, waving her new handbook for DIY litigants: Family Courts without a Lawyer. "Litigants in person clog up the courts," she says, "Slow courts mean delay for children and parents and injustice for families. Helping litigants in person to get it right procedurally is doing everyone a favour." Reed's book is a response to the proposals to withdraw legal aid for many family cases and while she doesn't dismiss the problems this will cause, she believes that litigants who represent themselves need not be at a significant disadvantage if they have the right information. The handbook is not aimed at any particular section of the population: "The cab rank rule (the rule which says barristers must not turn away clients who want to instruct them) means that as a barrister I represent mums, dads, partners and kids in pretty much equal measure," she says. "Some are wholly reasonable and well intentioned, some are malicious, and some are just idiotic. I don't see any of those characteristics as exclusive to men or to women." This is not a legal textbook (though lawyers may find it useful) nor is it a substitute for legal advice: "I've had to strike a balance between being clear and precise about what the law says and providing too much detail which can be confusing and can make matters worse," says Reed. "The book covers the things that litigants in person are most likely to come up against but it doesn't (and can't) cover all possible eventualities." An accompanying website nofamilylawyer.co.uk, contains links to useful online resources and downloadable versions of the model documents included in the book. Reed manages to cover a good deal of ground in this fairly slim volume, which takes the court user from the starting block – finding your way around the legal system - to the finishing line, whether that is divorce, financial arrangements for separating cohabitees, contact with children, or getting a non-molestation order in cases of domestic violence. The aim of the handbook is to make people who represent themselves feel more confident in court. "I often encounter litigants in person with a perfectly good case which they struggle to prepare or present, or who become distracted by points which are legally irrelevant," says Reed. "Litigants in person who do not have even a basic grasp of the law may not be able to articulate the strengths in their case and may do damage to it by adopting the wrong approach." In the much-needed "Reality Check" chapter Reed disposes of popular myths (there is no such thing as common law man and wife) and manages expectations telling readers: "There is a lot in the media about the wives of very rich men walking away with vast fortunes on divorce. If you are reading this book you are probably not in their social circle and your own divorce will have a very different outcome." She adds: "For most families the court has to make a rough and ready estimation of what is in the pot and try to do its best to be fair to both parties, putting the needs of the kids first." The straightforward style of this book, its tone of encouragement, and its plain English approach to family law – including a "jargon buster" section — are among its strengths. Reed does not talk down to her readers — she is with them every step of the way. Family Courts without a Lawyer is published by Bath Publishing. Price £29.50. Credit: http://www.guardian.co.uk/law/butterworth-and-bowcott-on-law/2011/jun/17/family-courts-without-a-lawyer-lucy-reed-review

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