Post-separation woman abuse: The contribution of lawyers as “barracudas,” “advocates,” and “counsellors”

Abstract

For many women, separation is viewed as a solution to a number of marital problems, including physical and emotional abuse (Ellis, in press; Ellis & Wight, in press). Studies of woman abuse among separated and divorced women reveal that separation decreases the incidence and seriousness of abuse for some women but not others. The literature also suggests that women in this group varied in the kinds of lawyers they consulted. Available to them was quite a varied menu of lawyers. “Barracudas,” “undertakers,” “mechanics,” “mediators, ” “social workers,” “therapists,” “moral agents,” “mercenaries,” “counsellors,” “ pilots” and “advocates” are all available to be consulted. A fair amount of the extant literature on “divorce lawyers” is devoted to the construction of typologies of this kind (Cavanagh & Rhode, 1976; Kressel, 1985; Kressel, Hochberg, & Meth, 1983; O’Gorman, 1963; Williams, England, Farmer, & Blumenthal, 1976). Two major problems characterize these efforts. The first has to do with the validity of the measures used to generate types of lawyers. More specifically, operational definitions of such types tend to miss their core meaning or essence. Secondly, the construction of lawyer role types and styles often proceeds without reference to the consequences for clients of becoming involved with different types of lawyer. Rarely does the typologist go on to examine the relationship between constructed lawyer types and the real world experiences of clients, including the experience of abuse among female separated and divorced clients (Sacks & Benedict, 1977). To help improve upon the reliability and validity of measures generating lawyer role types and to describe their contribution to post-separation wife-abuse, are the principal objectives of this paper.