By Ray Ferris (This piece is one of a series Ray will write here.)
LAWYERS
Since the enactment of the Child, Family and Community Services Act the use of lawyers has dramatically increased. Now that proper training in the act has become uncommon, the social workers rely on legal advice for every function.
Interviews with clients have become so adversarial that they are often conducted with counsel present. This intimidates clients to the point where they feel they too must have an advocate present. It should be obvious that the legal profession and the courts have a very old tradition of being adversarial. It is also well known that the more adversarial the culture, the more financial benefit goes to lawyers, so they have little incentive to negotiate.