INTRODUCTION
The families-related issues and incidental matters are governed by family law, which deals with a wide range of issues, such as child support, divorce, spousal support, marriage, alimony, etc. It is, therefore, the local courts’ responsibility for handling issues that might arise during marriage, civil unions, or domestic partnerships.
Family law attorneys/lawyers are acquainted with all types of family law-related problems, regardless of the issue. For example, family lawyers deal with issues like divorce on a regular basis.
An attorney can help to answer all questions one might have regarding the divorce process when it is a stressful and overwhelming time in one’s life, especially if there are children involved.
Success as a family lawyer goes beyond specialized knowledge. It requires strong written and verbal communication skills, time management, critical thinking and analysis, etc. Additionally, family lawyers need strong interpersonal skills. The complexity of family law makes it crucial to be able to relate calmly and constructively to people who might be emotionally vulnerable.
This article discusses the overview of family law as a career, the major roles of a family lawyer, essential skills embedded in a family lawyer, the advantages and the disadvantages of becoming a family lawyer, and the steps taken for becoming a family lawyer.
OVERVIEW OF FAMILY LAW
As a secular country, India allows its citizens to practice a wide range of religions. Islam, Christianity, and Hinduism are among the most widely practiced religions in India. Most marriages are solemnized by religious rituals and ceremonies, which are spelt out by statutory laws related to personal relations.
Consequently, in most cases, in India, matrimonial laws, including those concerning marriage, divorce, and related matters, are governed by the personal law of the parties, which is governed by statutory law, such as Hindu Marriage Act 1955, Indian Christian Marriage Act 1872 and the Divorce Act 1869, Parsi Marriage and Divorce Act 1936. However, Muslim marriage is done in accordance with a contract under Muslim Law.
Moreover, the Special Marriage Act 1954 applies to all people regardless of their religious affiliation. Regardless of religion, caste, or community, parties can choose to marry under this civil legislation.
In most jurisdictions, laws governing marriages contain provisions regarding the welfare of children born within marriage, and thus, the Guardian and Wards Act 1890 applies.
This Act sets forth a comprehensive code of guardianship and wardship, and applies to all minor children, regardless of their caste or creed. Nevertheless, the court shall also consider the minor’s law when approving and declaring a person as guardian. Protecting the minor child’s person and property is the goal of this act.
As provided for in the Family Court Act 1984, Family Courts are established with a purpose to expedite conciliations, and to resolve disputes regarding marriage and family affairs, and their related matters. Families, marriages, and the welfare of children are all matters in which the Family Courts adjudicate.
Additional District Judges preside over these trials and review evidence, as these courts are trial. The Civil Procedure Code governs these courts. It is customary for family proceedings to be conducted publicly, but if requested by the parties or if circumstances warrant it can be conducted in private.
ROLE OF A FAMILY LAWYER
Family lawyers can advise a variety of people, including those with special needs, such as children and the elderly. They will offer recommendations based on each case. Additionally, the family law firms may provide different services and take on different cases based on the cases they choose.
The role of a family lawyer is to oversee and resolve legal disputes between members of a family. Documents needed to file lawsuits are arranged and recorded, and mediation sessions are supervised and guided. Family lawyers and staff prepare each case for court.
The attorneys typically schedule regular court appearances, hearings, and meetings. In addition to managing family estates and wills, family lawyers also handle clients’ urgent needs. Clients are also constantly informed about their cases as they attend trials and court hearings.
The following are the major roles of a family lawyer:
- Advising and counselling clients in legal proceedings.
- Serving as clients’ representative during the legal process.
- Drafting, reviewing, and negotiating court documents, such as pleadings and testimony.
- Make sure that everything is in the client’s favour, including evidence and research.
- Facilitate agreements between families or spouses.
- Consulting crucial witnesses and other stakeholders.
- Attend hearings and meetings with clients.
- Arguments or settlements in court are conducted to determine the claim’s validity.
- Filing the appropriate court paperwork.
- Providing effective legal advice and directing mediation sessions.
- Managing emotional situations on an effective and empathetic basis.
SKILLS NEEDED
In general, the legal field requires excellent communication skills, while working with families that require deep emotional connections and empathy. It is a demanding professional role to be a lawyer, and when you focus on family law, you also need to possess a set of specific skills to be successful.
For a family lawyer to be successful, the following skills are necessary:
- EMPATHY:
Legal cases involving family members are sensitive and complicated. These cases may involve matters related to child custody, divorce, domestic abuse, etc. Thus, a majority of such cases involve emotional upheaval.
Empathizing with every client and case is, therefore, highly important. For example, for some, losing custody of a child or separating from one’s life partner can be very difficult to cope with. The act of representing them requires a level of care, consideration, and patience at every stage, hence, it is important not to add more stress than necessary.
- ANALYTICAL THINKING:
Getting to a conclusion that serves the client involves looking at evidence and information on the part of the lawyer. An experienced family lawyer can come up with a solution using analytical thinking. Cases involving family members can be very complex and emotional, which is why these lawyers must use their analytical skills to come up with the best solution.
- COMMUNICATION:
Communication skills are put to the test every day when working as a family lawyer. Whether it involves writing important documents or presenting evidence in court, the ability to communicate is essential. When a family lawyer communicates well with his/her clients, he/she can strengthen the case and get their trust.
- CONFIDENTIALITY:
Professionals in the legal field know that each case is confidential by law. A family lawyer needs to guarantee the privacy of his clients to improve their level of trust.
It is no secret that family law revolves around several sensitive issues, and therefore, it is important to reassure the clients that their information is both confidential and classified right away.
- CLIENT SERVICING:
Negotiation is a central concept in divorce settlements and custody agreements. Due to this, most family lawyers spend a great deal of time dealing with clients, and hence, for such complex matters to remain balanced, high levels of professionalism are necessary. The lawyer must remain emotionally detached from your client’s case, with the sole objective of assisting him/her.
Therefore, the attorney shall need to be well-versed in both communication and composition to perform at the best of his capability. The best way to effectively represent the client in times of debate, conflict, or disagreement is to maintain a calm, cool and collected demeanour.
- ORGANISATION AND MANAGEMENT:
Documents and paperwork are important to family lawyers. Therefore, it is important to be organized. Keeping the files organized ensures that the concerned attorney is protecting the client’s privacy in addition to being able to access them easily. It also assures that the information that is to be handled is only shared with the appropriate and concerned people.
- TIME MANAGEMENT:
In court, attorneys will need to prioritize their work because proceedings are often time-sensitive. They shall be able to meet important deadlines when they possess strong time management skills. Moreover, the family lawyers have to deal with a lot of different situations, and as a result, they need to be flexible with their schedules.
THE PROS & CONS
The following are the advantages of becoming a family lawyer in India:
- DEMAND: The demand for divorce lawyers is always high. Given the increase in marital problems in India, they easily find clients.
- REWARDING: This is a field that can be very rewarding, both financially and emotionally, as well as in terms of peer approval and reputation.
- SATISFACTION: Client satisfaction is reaped when lawyers help their clients get through difficult times.
The following are the disadvantages:
- STRESS: There are occupational hazards and stress associated with the job.
- EMOTIONAL EXPERIENCE: That can be emotionally draining spending time with family.
- COMPETITION: Working as a family lawyer can be extremely challenging due to the competition involved in this field.
THE SCOPE
Family Lawyers can work in several industries, including:
- Legal firms
- Government Firms/Public Departments
- Law Enforcement Agencies
Further, Family Lawyers might work in the following positions:
- PARALEGALS:
A person can work as a paralegal in the legal field without a license if the length of study to be a lawyer does not appeal to him/her. To earn a paralegal associate’s degree, he/she needs to acquire relevant work experience.
As long as such a person has a bachelor’s degree in another subject, he/she will be able to obtain a paralegal certificate. In addition to assisting lawyers in preparing documents and researching cases, paralegals can’t give legal advice or try criminal cases.
- MEDIATOR:
In most cases, for example, child custody, a person may also refer to helping disputing parties settle their differences out of court by becoming a mediator. A mediator is usually a lawyer, but this isn’t a prerequisite. They can also hold master’s degrees in other fields. Conflict management can also be studied as a master’s or a doctorate. The government oversees mediation programs that offer training.
- PROFESSORS: Persons with considerable knowledge in the field of family law or divorce proceedings can choose to become divorce law professors. To become a professor in divorce law or related areas, it is necessary to understand instructional methodologies.
- DIVORCE LAWYER: Lawyers who specialize in divorce provide advice and advocacy to their clients seeking to end their marriage. They handle matters such as wills, trusts, child custody, leases, etc.
- DIVORCE EXPERT: Legal experts in divorce gather bills related to medical care, real estate, taxes, and more while counselling clients on divorce settlements.
- Family Lawyer/Advocate: In a parental rights and responsibilities dispute, the Family Advocate protects and promotes the interests of the child. She assesses the family situation and recommends remedies.
- Family Law Advisor: The main duty of a Family Law Advisor is to advise and assist families in making arrangements for their children.
HOW TO BECOME A FAMILY LAWYER?
To practice law, you will need to acquire specific licensing and academic requirements. You need to follow these steps to become a family lawyer:
- EDUCATION:
The career path for a lawyer can be divided into two parts. A candidate may pursue law after completing their 12th grade or after completing their bachelor’s degree. The CLAT Exam is required for students who decide to pursue law after 12th grade.
The CLAT exam will determine their admission to national law schools. To pursue a legal career after a degree, students must take the Common Entrance Test (CET), which enables them to secure admission to colleges that offer the 3 year LLB program.
- SPECIALISATION:
A student must specialize in family law in their last year of law school to become a Family Lawyer. In addition, students can also study for the Master of Laws (LLM) in family law.
- BAR COUNCIL EXAMINATION:
Students must pass their bar council examination to practice as a family lawyer in the High Court or Supreme Court or a law firm. Once students pass the bar council examination, they will be eligible to practice as attorneys.
- PRACTICE:
To gain experience, students should work under advocates and senior lawyers before setting up their practices. You will qualify to become an experienced family lawyer after a few years of practice as a junior or independent lawyer.
CONCLUSION
The number of law school graduates is expected to keep the competition fierce for several more years. You can keep an edge on your competitors by taking part in internships or clerkships when you are in law school. It is advisable to keep in touch with your college friends and make new contacts throughout your career because who you know is more important in this career than what you know.
Engage in local bar association activities and participate in community activities that relate to the law as another way to stand out from the crowd. The importance of continuing education also indicates that you are staying on top of new developments in your field.
YLCC would like to thank Nikunj Arora for his valuable contribution in this article.
