By Carole R. Smith, Mary T. Lane, Terry Walsh (auth.)
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Extra resources for Child Care and the Courts
Much of what we have to say will be useful to social workers whether they are appearing in court, planning their work with a particular case, arguing their corner in a case conference or review, or seeking to enhance their relationships with other professionals outside the confines of their own departments. Most importantly, however, we hope that our contribution will enable social workers to work more closely and confidently with the legislative framework in the best interests of children and their families.
Broadly speaking, the solicitor is the 'general practitioner' of the law: 'He sees the patient first' (Gilbert, 1977). The solicitor disentangles the facts given by the client, in instructions, organises the information into a coherent form - separating the relevant from the irrelevant - and prepares the appropriate documents. If the solicitor can deal with the client's requirements personally, he or she will do so, but if specialist advice is needed on a particular point of law an approach will be made to a barrister for counsel's opinion.
Advocacy The system of advocacy also finds its root in this principle: each 'side' in the case is allocated an advocate whose role is The Legal System 33 to be resolutely partial - to argue for and make the best of their own case. Ideally, therefore, if advocates are evenly matched, the case before the court will be rigorously and thoroughly aired and each party given a more than adequate hearing through being presented by people who are skilled in arguing their client's views in court. No one would argue that a fair hearing for both sides is an unnecessary luxury if justice is to prevail.
Child Care and the Courts by Carole R. Smith, Mary T. Lane, Terry Walsh (auth.)