Child Care Solicitor Job- Description, their Salary, and Duties

Court hearings and legal procedures can be quite tedious and those caught up in the middle of the proceedings suffer the most. A lot goes on, in the world of the law but what about the children? A guardian on behalf of the child is appointed by the court so that the child does not have to suffer in between the legal procedure and hearings and can be kept out of the court in general and brought in only if necessary. That qualified licensed Law Practitioner is known as Child Care Solicitor. Here, let’s discuss Child Care Solicitor Job. Let’s start with the basics, shall we?

To understand the role of a “Child Care Solicitor” we must first understand the concept of a ‘Solicitor’ and law practitioners in brief, The term ‘lawyer’ is used collectively and used for licensed laws practitioners that have further two subcategories: 

1. Solicitors:  More of legal counselors and advisors. To become a Solicitor it usually takes 6 years or so if you attend law school full time and more if you attend part-time. After qualifying law degree(3 years) one must complete the Legal Practice Course (LCP) which takes about a year and is necessary to gain ‘practical knowledge. After that the period of ‘recognized training’ starts which is the most essential part of being a solicitor, it usually lasts 2 years but less if you have experienced prior working as an intern or trainee. After this, you can apply for your Practicing certificate.
2. Barristers: More hands-on in their approach and represent clients in court. To become a barrister one must require 5years, i.e. 3 years of formal education, Vocational part (1year) of Bar training after completion of the L.L.B. Program. And work under other Barristers as an apprentice for a year or so before getting involved in the Practical work.

The easiest explanation out there on the difference between the Solicitors and Barristers is a Barrister ‘advocates’ i.e. Defends or represents clients in court and spend their time studying cases to defend their client’s interest at best whereas a Solicitor focuses more on the Legal Documentation side of the law in an office setting. The lines have been more blurred in recent times as Solicitors can represent their clients in court under certain circumstances. You must choose after completion of your qualifying Law degree (LLB or an equivalent law degree) whether to be a Solicitor or a Barrister because here the paths divide in two. So, a Child Care Solicitor is a ‘Legal Advisor’ and a ‘Representative’, one who is appointed on behalf of the child by the Court itself or consent of a parent.

JOB DESCRIPTION 

To put it simply into words a ‘Solicitor’ is a legal counselor of sort’s i.e. a qualified law practitioner who provides several services to its clients, 

The following services are:

1. Legal Counsel and Advice
2. Legal representation on behalf of a client.
3. Settling negotiations and discussions between parties trying to reach the same agreement.
4. Drafting and reviewing legal documents (wills, inheritances, contracts, etc).
5. Management of Economic interests (various financial ventures and properties) of their clients.
6. Defending a client’s legal interest in court, appointed on behalf of children, mentally challenged/ disabled people, sick people, i.e. by the court or consent of their guardians or in case of no guardians.

Child care Solicitors are specialized in dealing with complex and sensitive child care proceedings. Child law is a very complex, sensitive, and long legal process and can be emotionally taxing to both the family and the child and it can be hard for the appointed solicitor not to get emotionally attached to the concerned ‘child’. Solicitors can be appointed both by the parents and court for the befit of the child. It concerns the overall (mental, physical, and emotional) well-being of the child whether local authorities and social services need to intervene or not. It can be a drawn-out process and very taxing.

Child Care solicitors can be appointed by:

1. Law Firms 
2. Legal Aid Agencies
3. Local Authorities
4. Charitable Trusts 
5. Socials Services
6. Courts 
7. Or individually too

Child Care solicitors also work on the behalf of Guardians appointed by state or adults involved in the legal procedure. There are various terms for the work of a Child care solicitor over the world i.e. Child care lawyer, Child Solicitor, family lawyer, Childcare Paralegal, etc. However, the work remains the same.

In America, the work of a Child Care Solicitor is divided into two:

1. Attorney ad Litem – Who act as a representative of the child.
2. Guardian ad Litem – An investigator of sorts who acts as ‘friend ‘of the child and helps the court with information to work in the best interests of the said child.

An ‘Attorney ad Litem’ is appointed by the court to represent a child during legal proceedings of the court i.e. the legal procedure such as divorces, termination, or child abuse cases.  The attorney is bound to the duties of loyalty- their sole focus should be a child as clients are to attorneys, confidentiality- information, thoughts shared by the child. And the honest representation of the child and their wishes.

Now coming to ‘Guardian Ad Litem’, often more than not Guardian ad Litem or GALs are appointed on behalf of the child in custodial disputes between parents over the said child. They are appointed by the court to seek the best interest for the betterment of the said ‘child’ in that particular case. They act as:

Guardian ad Litem GALs are appointed in cases of:

1. Child Custody
2. Visitation Rights
3. Divorce
4. Neglect
5. Child Support
6. Emancipation of minors
7. And ill-treatment of minors (Mental, Verbal, and Physical)

Pay of a Child Care Solicitor/Attorney ad Litem/ Guardian ad Litem

The pay depends on various factors like geographical location, demand, Work Environment, the expertise of the matter, the firm you choose to work for whether private or Government, and all sorts of things. If you are a Trainee Solicitor i.e., just starting then firms will pay you anything in between 20 to 22 K pounds ($27,000 to $30,000). A significant rise can be seen after an experience of 1 to 2 years. Specifically in the US-based firms in the UK.

Now in the US, the pay of Attorneys on average ranges between $200-$1000 per hour depending on the severity of the matter, the size of the Firm i.e. smaller firms may charge less. Geographical Location etc. A Guardian/ Attorney ad Litem pay ranges in between $33,590 to $47,934 a year, depending on the level of experience it can be more or less. The title of a Child Advocate earns between 22K to 44K dollars in a year.

(For a more detailed pay description please refer to Bureau of Labor Statistics (BLS))

Major Duties

Major duties include:

1. Honest representation of the child in the court.
2. Finding out information and facts regarding that particular case and incorporating them to benefit the child.
3. Legal Counsel and Advice to the best interest of the child.
4. Prevention of violation of the concerned child’s rights.
5. Relying upon the information to and from the court to the child.
6. Emancipation of the child in case of Neglect or abuse (mental, /physical/emotional).
7. Intervention, legal procedures, and documentation carried out in case of Adoption/Separation/ Child Custody/ termination of Custody/ child support/Visitation rights, etc.

Conclusion

The work of a Child care solicitor/ paralegal/ Guardian/Attorney ad litem can be very complex and emotionally taxing. You have to be fully committed to this job. You can’t pick or choose which child you want to help and shy away from the rest. You have to have good verbal command, quick thinking, logical reasoning, and understand the emotional sensitivity of a child along with a law degree, Practitioner License, and training. Sometimes you would have to make really hard decisions and find out ways to help the child even when the said child is in distress. This job is not for the faint of the heart. However, if you are fully committed to helping children are compassionate, and believe in justice then it’s the job for you. 

FAQs

• Can a child instruct a solicitor?
  Yes, they can. Here a child is referred to an individual who is minor less than 18 years of age but who has enough/ sufficient understanding ( usually 10 years onwards) of the Legal Procedures and can make decisions in their best interest.
  
  
• Why would a child require a Solicitor?
  Because a child would now attend court and will be brought in only if absolutely necessary so a solicitor will represent the child’s view in court and take action they redeem fit for the welfare of a said child.
  
  
• Difference between Guardian ad Litem and Attorney Ad Litem?
  The major difference between the two is Attorney ad Litem is a direct representative of the child in court and works or takes action on his/her behalf in the best interest of the said child. But a Guardian ad Litem is appointed by the court to provide information /facts and legal counsel to the court that benefit the child in that particular case.
  
  
• What is considered an unfit home for a child?
  The legal definition would be when the parent can’t provide proper support, guidance, and care for a child i.e., there’s neglect, abuse (mental/physical/emotional), abandonment issues, and substance abuse. Exposure to the mentioned conditions above deems a Home and therefore a Parent unfit and revokes their custody.