Increasing the emphasis on family law lawyering: correspondent’s report from Canada

Abstract

Common sense suggests that families ought not to resolve their disputes by increasing the conflict and taking legally defined positions. Family law disputes are riddled with emotional and financial complications and goals, not strictly legal issues. The challenge for lawyers working in this area is to respond to client needs in a cost-effective manner within the system of laws. Responding to that challenge is complicated by three factors: the access to justice crisis; the impact of family violence; and, the limitations of the law. This Correspondent’s Report details several recent reform initiatives in Canada that are starting to reflect the reality of family law, and explores the resulting questions about the role of the family law lawyer.