‘Being Sensible’: Images and Practices of the New Family Lawyers

Abstract

Any predictions that solicitors acting for divorcing parents might become redundant, as increasing use is made of mediation services, are unsubstantiated by the research on which this article is based. This study shows how solicitors, far from retreating from issues of arrangements over the future of children of divorcing parents, are busy adapting themselves to the new working environment. For some this process involves themselves qualifying as mediators. For these and others, it entails acquiring and presenting to their clients an understanding of ‘child psychology’ which enables them to advise their clients on how to sort out their differences in ways that will safeguard their children's welfare. By constructing children's welfare within a legal discourse of justice and protection of their clients' lawful interests, solicitors are able to convince themselves that justice, in cases involving children's welfare, is achieved by persuading their clients to ‘be sensible’ and sort out their differences, and that those parents who are openly hostile and/or pursue their own (selfish) interests have lost sight of justice and need to be brought back into line. The article demonstrates how solicitors claim to achieve these ends and raises questions about their practical and theoretical implications.