The next generation of family lawyers

It is well known that there are now many different routes to qualification. It is encouraging that law firms are embracing these routes which are likely to provide your team with depth given the flexibility of such career paths and how these can be taken at different stages, allowing your team to gather the life skills needed to be a family lawyer and to set you aside from the competition.

I am part of a thriving family team within our firm and take pride in training those beginning their career in family law or supervising those who are newly qualified. It feels like only yesterday I was on the one studying and wondering where my career would take me. To now give back and be part of other’s careers is extremely rewarding. It also keeps my passion for the job and my career alive, as these incredibly talented new generation of family lawyers definitely keep me on my toes!

One of those lawyers is my colleague, Madeline Scott, who is studying via the SQE route and recently returned to the family team for her final seat. We sat down over coffee for a chat, and I put the following to her.

Why did you choose the SQE route?

“I graduated the same year the SQE came into force, which meant I had the option of still doing the LPC. I ended up graduating a year earlier than expected as my study abroad was cancelled due to the pandemic and so  I found the more flexible approach of the SQE appealing. I could choose when I took my exams and could do it while getting my qualifying work experience (QWE). I felt I had more control over what I wanted to do as opposed to being locked into a training contract for two years. That being said, I have done all my QWE at the same firm, but the SQE gives you the option to combine multiple placements if you wanted to.”

How are you finding it/when will you qualify?

“It’s been very hard at times, especially on top of working full time in a busy law firm and life in general. It’s a challenge but it is doable, especially if you are passionate about working towards a career in law.

“I recently sat my SQE2 exams in early February. I decided to take the SQE2 at the end of my QWE so I could draw on what I have learned during this time, as a big part of SQE2 is practical legal skills. This is an advantage of the SQE. I will be able to apply for admission once I pass SQE2 – at the moment it’s just a waiting game until I get my results. 

Why do you want to qualify in family law?

“I’ve had a few different seats  as part of my QWE, but family appealed to me the most.

“The work is extremely varied, and I feel like you get the perfect combination of contentious and non-contentious work. It is an exciting area of law that is constantly developing especially if you are at a firm that embraces the variety of NCDR options available and aims to be at the forefront of innovations in the law. One moment I could be assisting Lisa  under the ‘one lawyer two client’ model, the next helping prepare for an arbitration hearing, and then assisting with a draft for a prenuptial agreement.

“No case is the same, so you really have to be in tune with the client’s needs and tailor your approach to each and every one.

“I find it really rewarding to help clients through some of the hardest periods of their lives. It can be demanding at times, but understandable given what they are going through. It is important to surround yourself with a supportive team and ensure you prioritise self-care.”

What do you enjoy most/like the least about family law?

“I enjoy the problem-solving element of family law the most. No case is the same as this is people’s personal lives so they will all need to be approached slightly differently. I love the challenge of trying to find a solution that meets everyone’s needs and doing the best for clients during a difficult time. You can see that the advice you provide has a tangible impact on your clients’ lives. It is hard, but rewarding. 

“My least favourite thing follows a similar rationale. Family law can be a highly discretionary area, so you don’t always get the outcome you want for your clients. It is impossible to get a perfect solution all of the time and it hits harder because it is people’s personal lives. I think this is true no matter how experienced you are but particularly as a junior it is difficult when there is no clear answer to know if you are giving the best advice.  Luckily as a team we are extremely supportive and use each other as a sounding board when discussing our cases. The team bring a fresh pair of eyes to the case that is needed sometimes. They are also very helpful at playing devil’s advocate so you can take into account the approach the other side may take.

If you had a magic wand and could choose one area of family law to reform overnight, what would you pick and why?  

“Family law is something that is ever evolving as social attitudes change. I was excited to read the Law Commission’s  scoping report on financial remedies and I am  intrigued to see how the recommendations  unfold.  

“I think ultimately, I would use my magic wand to reform the law for cohabitees. Cohabitees are being unknowingly penalised for exercising a personal choice. This coupled with the false impression that there is such a thing as a ‘common law marriage’ lulls cohabitees into a false sense of security that they have certain protections when this is far from the case.

“There is an attitude shift in people no longer viewing marriage as an important marker of a committed relationship. Weddings were traditionally one of the first big relationship milestones, but many couples now prioritise buying a house or having children instead – particularly as all three of these milestones come with hefty price tags! I think it is unfair in this day and age for cohabitees to not have access to the same financial remedies as married couples do even though they may have had a longer relationship, just because they chose not to get married.”

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