SJ Interview: Honor Giles

Honor shares her personal experience of how she finds the right balance between juggling a busy and, at times, challenging legal career and finding the time to reflect and decompress. Honor has been dedicated to family law since she qualified 10 years ago and has extensive experience advising clients in relation to divorce, financial matters, child matters and domestic abuse. She is also a Resolution-trained mediator.

What inspired you to become a lawyer? And how did you get to where you are today?

When I was in sixth form, I thought for some time that I wanted to apply to university to study nursing or teaching, but I was unsure about choosing a degree that focused on a specific job role. One of my A-level teachers thought that law would be a good fit, giving me a clear career path, but also being relevant to lots of other options if I decided becoming a lawyer wasn’t for me. 

I went to university with no real idea as to whether I would use my degree for a career in law, but I quickly realised it was the area for me. 

A week before starting my Legal Practice Course (LPC), I was offered a training contract. I vividly remember getting the call at my grandparents’ house. I was very professional on the call and was so pleased to accept the training contract, but when I put the phone down me and my grandparents started cheering and dancing!

Due to the timing of the training contract offer, I very quickly signed up for the LPC and actually started a few days late by the time all the paperwork was sorted. This meant I missed the first few days – including the one when they told you to bring in a robust bag to carry all of the course books home. As a result, on my first day I was presented with a large amount of heavy books and had a very interesting train journey balancing all of these on the way home.

After studying the LPC, I completed my training contract at a regional firm in the midlands. I knew from early on that I wanted to specialise in family law, which is exactly what I’ve done since I qualified. Family law requires compassion towards clients, something which really suits my personality as someone who initially considered a career in nursing or teaching. 

I joined Maguire Family Law eight years ago and qualified as a mediator in 2021. I really enjoy my mediation work, and the two roles of solicitor and mediator complement each other really well, allowing me to help clients in different ways.

Has anything about the profession surprised you? 

Working in family law has taught me to expect the unexpected! We are in a very privileged position to help clients at a difficult time in their lives. Family law involves a client sharing the intricate details of their relationship, how it has broken down and matters relating to their children and finances, so they often tell you things that surprise you and sometimes shock you.

I have also learned that the law is often the straightforward bit! The complex part can be the personalities involved in a case and the approach taken by each party. A case that is straightforward in law is likely to become more complicated than it needs to be if one party’s approach is unreasonable.

What do you think it takes to be an effective lawyer in your area of specialism? 

I think an effective family lawyer needs to have strong negotiation skills as well as empathy and a sensitive approach. The ability to remain calm and objective means you can best help clients who are going through what is often the most difficult time in their lives. Creativity is also important when looking at ways to resolve cases and reach agreements with options that work for both parties.

What changes, both positive and negative, have you seen in regard to family law since you started your career? 

There are increasing pressures and demands on the court, often meaning there can be delays in cases being listed for hearings. This can have a negative impact on the people involved in the court process, who may wait a very long time for matters to be dealt with. Cases in the court process take much longer to progress now than when I first started working in family law. 

The focus on non-court dispute resolution (NCDR) is getting stronger and stronger as time goes on, with rules coming into force to encourage people to engage with options that look to resolve matters away from court (and potentially penalising people if they don’t engage with those options). There will always be some cases where the court is very much needed, but many cases can be resolved much more swiftly, cost effectively and constructively away from it and I think the focus on NCDR is a very positive thing. 

Do you think that the emphasis on mediation and the evolution of family-related dispute resolution is going in the right direction? 

I think this is definitely going in the right direction and the more we can maximise NCDR, the better. 

I think that as time goes on, using contested court proceedings for family law matters will become much less common. There are so many options in terms of dispute resolution for people to choose from, meaning there’s something suitable for all types of cases, whether that be through mediation, collaborative law, early neutral evaluations, or arbitration. 

NCDR for clients also provides the ability to retain more control during what is often a difficult and uncertain time. I find clients feel a lot calmer and more comfortable as part of the NCDR process, for example, rather than getting told what day a hearing is and not knowing who their judge will be until shortly before, they can choose when and where they will have a mediation session, as well as the identity of their mediator. This, in turn, often helps them focus better in order to negotiate and reach a resolution. 

Is there a need for legal reform in regard to this area of law? 

I think urgent reform is important and required concerning cohabiting couples, to improve the financial protections and claims available to them. This has been a big topic of discussion for many years, but no changes have been formally made or implemented yet. 

When dealing with a financial case concerning a divorcing married couple, the family court has much more discretion in comparison to the civil court dealing with a separated cohabiting couple. As such, the law applicable to cohabiting couples can feel very unfair and unjust to clients due to it being so different.

There are also lots of misconceptions, with people often not realising the significant differences in the laws that apply to cohabiting couples in comparison to married couples. This can make it even more difficult for separated cohabiting couples, as when they come to sort matters out, the law that applies to their circumstances does not always meet their expectations. 

What are your views on legal aid in family law cases? 

I think legal aid should be more widely available. Since I started working as a solicitor, I have seen a significant increase in litigants in person involved in the court process. 

Given the important issues that the family court deals with day in, day out, whether that be in relation to children or financial matters, and the long-term impact that decisions in the family court have on couples’ and children’s lives, I think legal advice and representation is crucial.

I also think legal advice and representation often assist cases to resolve at an earlier stage, whereas a party who is representing themselves may continue to pursue an unreasonable position all the way through the court process if they have not been advised of the risks posed in regard to that approach. 

How can the backlog of family law cases be dealt with? How damaging is it for cases to be waiting a long time before they are heard? 

I think the backlog could be greatly assisted by more cases being resolved using NCDR, where appropriate, and the court continuing to encourage this by building time into court timetables.

It can be very damaging for cases to wait for a long time to be heard. In children cases, the longer a case takes to resolve, the higher the chance of a negative impact on the child. The length of court proceedings when considering this as a proportion of a child’s life can be significant, particularly for younger children. Delay can also mean a child may not see a parent for a significant period or that they could potentially continue to be exposed to harmful behaviours of another parent. As such, the court dealing with cases quickly can often make a significant difference. 

In financial cases, delays have the potential to cause damage too. For example, people often find themselves in difficult interim positions where they cannot afford their outgoings whilst waiting for matters to be resolved. In those circumstances, people require urgent decisions from judges. 

What advice would you give to anyone looking to follow in your footsteps? 

Do not hesitate to ask questions and also ask for feedback. I am so grateful to the lawyers who took the time (and patience) to help train me at the beginning of my career. Learning from a wide range of people on how they do things differently means you can develop your own style, drawing from other’s strengths and experiences.

Curiosity is crucial. Every case and individual set of circumstances is unique. Approaching each case with curiosity encourages you to think creatively and constantly learn from every case you work on. 

Invest time in a hobby that brings you joy. Family law is immensely rewarding, but it can also be challenging at times. Resilience is important and refilling your cup out of the office means you can return to work even more energised and better equipped to help clients. Personally, I like to go for a run or a swim to get out in nature and decompress after working on a challenging case. 

Sometimes, whilst doing these things, my mind may still be subconsciously thinking about a case and I may have a thought about a new way to problem solve, so it is not only of benefit to me but also sometimes to the cases too.