This session took place on Wednesday 14 May 2025

Presenter: Karen Barham, Moore Barlow & Victoria Clarke, Elite Law Solicitors

For a copy of the recording and slides, please email elouise.enright@surreylawsociety.org.uk

This course offers family law practitioners practical insights and strategies to stay compliant and reduce the risk of malpractice claims.

With a strong emphasis on the 2024 FPR amendments, this session will provide actionable guidance on ensuring adherence to new procedural requirements, such as mandatory consideration of non-court dispute resolution options, MIAM compliance, and effective case management practices. Real-world scenarios and examples will illustrate the correct steps for following the new pre-action protocols in both private children and financial remedy matters, helping practitioners safeguard their clients’ interests and avoid procedural missteps that could lead to adverse costs orders.

The course will also delve into best practices for solicitor disclaimers, informed by recent case law, including the well-publicised case of Lewis v Cunningtons Solicitors [2023]. This segment will explore how to draft and present disclaimers that clearly outline the scope of advice, limitations, and the solicitor’s obligations to clients, minimising misunderstandings that can lead to claims.

Further guidance on procedural excellence — covering documentation, client communications, and risk management — will round out the session, ensuring attendees are equipped to uphold the highest standards of compliance and client care in family law.

What people have said about Karen and Victoria’s previous courses:

• Karen was excellent, informative, interesting, and explained the main points in good detail
• Very clear and extremely interesting talk
• ⁠Victoria was clear, informative and knowledgeable.

Karen Barham

Karen joined Moore Barlow LLP (formerly Barlow Robbins LLP) in 2006 bringing considerable knowledge and experience as a family lawyer, having specialised in this area for over 30 years. She practises exclusively as a mediator and parenting coordinator assisting couples and families when relationships break down. Karen is experienced in making arrangements for children and resolving financial aspects. She is also qualified in Child Inclusive Mediation (CIM) and is qualified to meet separately with children to ascertain their thoughts and views thereby giving them an opportunity to have a voice.

Karen has served as a co-director of the Family Mediation Council and Resolution. In 2016  she was awarded the Resolution John Cornwell award ‘in recognition of outstanding work to support separating families’.

Many families can be assisted to find solutions in out of court processes including mediation, collaborative law, early neutral evaluation, private FDRs and arbitration. Accordingly Karen has pioneered The Surrey Initiative.

Karen was named Family Lawyer of the Year at the SLS Legal Awards in 2021 and winner of the Lifetime Achievement Award at the SLS Legal Awards 2023.

Victoria Clarke

Victoria is Head of Family and an Equity Partner at Elite Law Solicitors. Victoria won Lawyer of the Year at the Surrey Law Society Awards 2024.

Victoria also gives talks through MBL over multiple subjects including crypto-assets on divorce, short marriages, pre-nuptial agreements, and disclaimers. In this session Victoria will be taking you through the reasons why you need a disclaimer, the best way to introduce one during your case, and how to draft your disclaimers.