Hostname: page-component-586b7cd67f-gb8f7 Total loading time: 0 Render date: 2024-11-30T15:29:36.428Z Has data issue: false hasContentIssue false

Personal Action Plans: evaluating self-management initiatives in family law

Published online by Cambridge University Press:  13 October 2008

Angela Melville
Affiliation:
School of Law, University of Manchester
Karen Laing
Affiliation:
School of Geography, Politics and Sociology, Newcastle University

Abstract

Personal Action Plans (PAPs) have been used to encourage client self-management within healthcare services, and are a novel innovation within legal services. This paper examines the use of PAPs by publicly funded family lawyers in England and Wales. It was intended that PAPs were written collaboratively between lawyers and clients in order to assist clients to clarify and resolve issues independently, and aid referrals to other service providers. Whereas self-management initiatives work best when service providers take a client-aligned approach, our research demonstrates that the PAPs were used as a means of managing clients’ expectations. We conclude by suggesting that while PAPs and other forms of self-management tools may work well in healthcare, they have limited potential in the provision of legal services for family law clients.

Type
Research Article
Copyright
Cambridge University Press 2008

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Barlow, Julie, Wright, Chris, Sheasby, Janice, Turner, Andrew and Hainsworth, Jenny (2002) ‘Self-Management Approaches for People with Chronic Conditions: A Review’, Patient Education and Counselling 48(2): 177187.CrossRefGoogle ScholarPubMed
Bell, Margret, Goodman, Lisa and Dutton, Mary Ann (2007) ‘The Dynamics of Staying and Leaving: Implications for Battered Women’s Emotional Well-Being and Experiences of Violence at the End of a Year’, Journal of Family Violence 22: 413428.CrossRefGoogle Scholar
Berns, Sandra (2000) ‘Folktales of Legality: Family Law in the Procedural Republic: the Narrative Structure of Family Law’, Law and Critique 11(1): 124.CrossRefGoogle Scholar
Coleman, Mary Thoesen and Newton, Karen. (2005) ‘Supporting Self-management in Patients with Chronic Illness’, American Family Physician 72(8): 15031510.Google ScholarPubMed
Dewar, John, Giddings, Jeffrey and Parker, Stephen (1998) The Impact of Changes in Legal Aid on Criminal and Family Law Practice in Queensland: A Research Report Commissioned by the Queensland Law Society and The Family Law Practitioners’ Association. Brisbane, Queensland: Faculty of Law, Griffith University.Google Scholar
Eekelaar, John, Maclean, Mavis and Beinart, Sarah (2000) Family Lawyers: The Divorce Work of Solicitors. Oxford: Hart Publishing.Google Scholar
Estabrooks, Paul, Glasgow, Russell and Dzewaltowski, David (2003) ‘Physical Activity Promotion Through Primary Care’, Journal of the American Medical Association 289: 29132916.CrossRefGoogle ScholarPubMed
Felstiner, William and Sarat, Austin (1992) ‘Enactments of Power: Negotiating Reality and Responsibility in Lawyer–Client Relations’, Cornell Law Review 77(6): 14471498.Google Scholar
Fleming, Don and Daly, Anne (2007) ‘The Retreat of the Legal Profession from Legal Aid: Labour Market Changes in the Australian Mixed Mode’, International Journal of the Legal Profession 14(1): 2156.CrossRefGoogle Scholar
Giddings, Jeffrey and Robertson, Michael (2002) ‘“Lay People, for God’s Sake! Surely I Should Be Dealing with Lawyers?” Towards an Assessment of Self-help Legal Services in Australia,’ Griffith Law Review 11: 436464.Google Scholar
Giddings, Jeffrey and Robertson, Michael (2003) ‘Large Scale Map or the A–Z? The Place of Self-help Services in Legal Aid’, Journal of Law and Society 30(1): 102119.CrossRefGoogle Scholar
Glasgow, Russell, Davis, Connie, Funnell, Martha and Beck, Arne (2003) ‘Implementing Practical Interventions to Support Chronic Illness Self-Management’, Joint Commission Journal of Quality and Patient Safety 29(11): 563574.Google ScholarPubMed
Haavisto, Vaula (2002) ‘Breaking the Courtroom Code: Client Initiatives in Finnish Civil Hearings’, International Journal for the Semiotics of Law 15(4): 399409.CrossRefGoogle Scholar
Hardy, Cynthia, Harley, William and Phillips, Nelson (2004) ‘Discourse Analysis and content Analysis: Two Solitudes?’, Qualitative Methods 2(1): 1922.Google Scholar
Harrington, Christine (1994) ‘Outlining a Theory of Legal Practice’, in Cain, Maureen and Harrington, Christine (eds) Lawyers in a Postmodern World. Buckingham: Open University Press, 4970.Google Scholar
Hunter, Rosemary (1999) Family Law Case Profiles. Sydney: Justice Research Centre.Google Scholar
Hunter, Rosemary (2002) ‘Adversarial Mythologies: Policy Assumptions and Research Evidence in Family Law’, Journal of Law and Society 30(1): 156–76.CrossRefGoogle Scholar
Hunter, Rosemary, Genovese, Anne, Melville, Angela and Chrzanowski, April (2000) Legal Services in Family Law. Sydney: Justice Research Centre.Google Scholar
Kaganas, Felicity and Day sclater, Shelley (2000) ‘Contact Disputes: Narrative Constructions of “Good” Parents’, Feminist Legal Studies 1(2): 126.Google Scholar
Kennedy, Anne, Nelson, Elizabeth, Reeves, David, Richardson, Gerry, Roberts, C., Robinson, Andrew, Rogers, Anne, Sculpher, Mark and Thompson, David (2004) ‘A Randomised Controlled Trial to Assess the Effectiveness and Cost of a Patient Orientated Self Management Approach to Chronic Inflammatory Bowel Disease’, Gut 53: 16391945.CrossRefGoogle ScholarPubMed
King, Michael (1999) ‘“Being Sensible”: Images and Practices of the New Family Lawyers’, Journal of Social Policy 28(2): 249273.Google Scholar
Law Society (2003) Protecting Rights and Tackling Social Exclusion: Proposals for the Future Delivery of Legal Aid Service. London: Law Society of England and Wales.Google Scholar
Legal services commission (2005) ‘FAInS: How the Pilot Works’, www.legalservices.gov.uk/civil/fains/fains_pilot.asp [accessed 30 April 2008].Google Scholar
Legal services commission (2007) ‘Areas of Work’, www.legalservices.gov.uk/civil/family/areas_of_work.asp [accessed 30 April 2008].Google Scholar
Lieu, Tracey, JrQuesenberry, Charles, Capra, Angela, Sorel, Michael, Martin, Kathleen and Mendoza, Guillermo (1997) ‘Outpatient Management Practices Associated with Reduced Risk of Pediatric Asthmas Hospitalization and Emergency Department Visits’, Pediatrics 100(3): 334341.CrossRefGoogle ScholarPubMed
Mather, Lynn, Maiman, Richard and Mcewen, Craig (1995) ‘“The Passenger Decides on the Destination and I Decide the Route”: Are Divorce Lawyers “Expensive Cab Drivers”?’, International Journal of Law and the Family 9: 286310.CrossRefGoogle Scholar
Mather, Lynn and Yngvesson, Barbara (1980) ‘Language, Audience and the Transformation of Disputes’, Law and Society Review 15: 775882.CrossRefGoogle Scholar
May, Carl and Mead, Nicola (2000) ‘Patient-Centredness: A History’ in Dowrick, Christopher and Firth, Lucy (eds) General Practice and Ethics: Uncertainty and Responsibility. London: Routledge, 7690.Google Scholar
Mcgann, Elizabeth (1999) ‘Medical Compliance in Adults with Asthma’, The American Journal of Nursing, 99(3): 4546.Google ScholarPubMed
Moorhead, Richard (2004) ‘Legal Aid and the Decline of Private Practice: Blue Murder or Toxic Job?’, International Journal of the Legal Profession 11(159): 168–73.CrossRefGoogle Scholar
Moorhead, Richard, Sherr, Avrom and Paterson, Alan (2003) ‘What Clients Know: Client Perceptions and Legal Competence’, International Journal of the Legal Profession 10(1): 535.CrossRefGoogle Scholar
Mosten, Forrest (1995) ‘Emerging Roles of the Family Lawyer: A Challenge for the CourtsFamily Court Review 33(2): 213239.CrossRefGoogle Scholar
Neuendorf, Kimberly (2002) The Content Analysis Guidebook. Thousand Oaks, CA: Sage Publications.Google Scholar
Roberston, Michael (2002) ‘Principal, Producer and Consumer: The Client’s Role in the Co-Production of Lawyers’ Services’, Newcastle Law Review 6: 3560.Google Scholar
Robertson, Michael and Corbin, Lillian (2005) ‘To Enable or to Relieve? Specialist Lawyers’ Perceptions of Client Involvement in Legal Service Delivery’, International Journal of the Legal Profession 12(1): 121143.CrossRefGoogle Scholar
Ruffin, Richard, Wilson, David, Southcott, Anne Marie, Smith, Brian and Adams, Robert (1999) ‘A South Australian Population Survey of the Ownership of Asthma Action PlansThe Medical Journal of Australia 171: 348351.CrossRefGoogle ScholarPubMed
Sarat, Austin and Felstiner, William (1995) Divorce Lawyers and their Clients: Power and Meaning in the Legal Process. New York: Oxford University Press.CrossRefGoogle Scholar
Searle, Mark., Mahon, Michael, Iso-ahola, Seppo, Sdrolias, Heather Adams and Van dyke, Joanne (1995) ‘Enhancing a Sense of Independence and Psychological Well-Being Among the Elderly: A Field Experiment’, Journal of Leisure Research 27: 107124.CrossRefGoogle Scholar
Smart, Carol and May, Vanessa (2004) ‘Why Can’t They Agree? The Underlying Complexity of Contact and Residence Disputes’, Journal of Social Welfare and Family Law 26(4): 114.Google Scholar
Sommerlad, Hilary (2001) ‘“I’ve Lost the Plot”: An Everyday Story of the “Political” Legal Aid Lawyer’, Journal of Law and Society 28(3): 335360.CrossRefGoogle Scholar
Stewart, Moira, Brown, Judith Belle, Donner, Allan, Mcwhinney, Ian, Oates, Julian, Weston, W. Wayne and Jordan, John (2000) ‘The Impact of Patient-Centred Care on Outcomes’, Journal of Family Practice 49: 8190.Google Scholar
Trinder, Liz, Connolly, Jo, Kellett, Joanne and Thoday, Caitlin (2004) ‘Families in Contact Disputes: A Profile’, Family Law 12: 877881.Google Scholar
Walker, Janet, Mccarthy, Peter, Finch, Stephen, Coombes, Mike, Richards, Martin and Bridge, Caroline (2007) The Family Advice and Information Service: The Changing Role of Family Lawyers in England and Wales? Final Evaluation Report. Newcastle upon Tyne: Newcastle Centre for Family Studies.Google Scholar