Role of Lawyers and Counselors in Family Courts

• Limited Role of lawyer: In order to promote peaceful settlements between parties, the Family Courts Act limits the function of attorneys and expands the role of counselors in conflict resolution.
• Use of the Adversarial System of Adjudication: This is unusual and at odds with other courts’ procedures, which frequently use the English legal model known as the adversarial system of adjudication. Under the adversarial method of adjudication, the judge acts as an impartial arbiter, rendering a decision based on the merits of the case that the opposing parties’ attorneys submit to him or her.
• Amicus Curiae: The Family Courts Act restricts the attorneys’ ability to serve as “amicus curiae,” or legal experts, whom the courts may contact for advice. In an effort to stop exorbitant litigation expenses, corruption, subversive and manipulative techniques, protracted and acrimonious court fights, refusals to settle or compromise, and other such practices, the Act outlaws attorneys.
• Assisting Clients: Critics contend that attorneys are required to assist clients with intricate legal matters and court proceedings, for which counselors could lack the requisite knowledge. Furthermore, no system has been established to guarantee that “legal experts” or “amicus curiae” will be available to courts whenever they are needed.
• High Preference for Counselors: In an effort to encourage efforts at settlement between the parties, as previously mentioned, the Family Courts Act has granted counselors significant precedence over attorneys in family courts.
• Advisory Role of Counselors: The majority of states fail to sufficiently incorporate the need for counselors into the family court legal system; counselors’ only responsibility is to determine whether the dispute can be resolved, and even then, only during the case’s preliminary phase and not during the trial itself. Neither judges nor attorneys are familiar with the idea that counselors play a new role in court proceedings.

Lawyers and counselors in family court play distinct but complementary roles in helping navigate the legal and emotional complexities of family disputes. Lawyers represent your side of the case in court. They ensure your legal rights are protected and argue for the outcome you desire, such as child custody arrangements, division of assets, or spousal support. Counselors focus on facilitating communication and understanding between parties. Their goal is to help couples reach an amicable agreement that works for everyone involved, especially children.

Key Takeaways:

• In order to promote peaceful settlements, the Family Courts Act limits the role of attorneys and expands the involvement of counselors in conflict resolution.
• This is unusual and at odds with other courts’ procedures, which frequently use the English legal model known as the adversarial system of adjudication.
• Under the adversarial method of adjudication, the judge acts as an impartial arbiter, rendering a decision based on the merits of the case that the opposing parties’ attorneys submit to him or her.
• In many jurisdictions, family courts require couples to attend counseling sessions before proceeding to trial.