Spilt decisions – Emily Brand’s letter to the editor

Partner, Arbitrator and Head of Family Law, Emily Brand pens a letter to the Editor of Spears Magazine following the recent ‘Resolution is failing to inspire respect’ article that considers industry views about the family law body failing to live up to its promise.

Emily says: SIR - Having been trained in a team comprising some of the early members of the Solicitors Family Law Association (now Resolution) nearly three decades ago, I found Rasika Sittamparam's article "Unhappy Resolution?" refreshingly honest.  Resolution family lawyers have to balance two often-contradictory obligations: the duty to act in their client's best interests (and on their instructions) and simultaneously seeking to de-escalate conflict. When emotions are running high and lawyers are being pressurised to "act" decisively, that balance can go askew. I am not sure giving Resolution the "teeth" to chastise its members is the solution. It may be that the Resolution Code of Conduct is "more honoured in the breach than the observance". However, I expect most family lawyers, like me, get up in the morning aspiring to do the best they can for their clients and their families acting on principle rather than out of aggression.