Family law has always had a reputation for being soft law, the area that lady lawyers practice, and a pink ghetto. Family law is not easy. There are upwards of 70 pieces of family law related legislation across Canada, to say nothing of the rules of court and process related legislation and skills, financial complexities, and family violence concerns. When no-fault divorce was introduced in 1968, lawyers did not specialize in family law. According to Constance Backhouse “most male lawyers eschewed divorce as odious, describing it as more ‘social work’ than ‘real law,’ and expressing reluctance to represent female clients whom they deemed overly emotional.” By 1970, only 313 women had been admitted to the bar in Ontario. Despite the increasing number of women who needed lawyers, there were few who were willing to practice family law. Women like Justice Claire L’Heureux-Dubé stepped in and developed the practice of family law. However, family law continues to suffer from a reputation for being not real law and something that lawyers can easily dabble in. As Robin West has suggested, “the more women in a field, the less prestigious” (at 979). In this column, I look at a recent negligence case that serves as a reminder not to practice family law without the requisite expertise.
Deanne Sowter (Tue,) studied this question.