That's not my name!

Introduction

For many years, starting correspondence with the salutation “Dear Sirs” has been the common practice when addressing another lawyer or law firm. Recently, the Law Society issued guidance to advise that the term is dropped. It’s gendered, of course being the plural of the male term “sir”, which may have worked back when the majority of lawyers were male but in today’s society, it is outdated and non-inclusive. Personally, I also find use of the phrase quite lazy, as the writer does not have to remember the name of the person they are writing to, and it therefore dehumanises correspondence. 

Most family lawyers are members of “Resolution”, an organisation which encourages the constructive resolution of family disputes. Members sign up and agree to adhere to a set code of conduct, a Code of Conduct that is being highlighted this week by Resolution’s Good Divorce Week. That code of conduct requires us to “reduce or manage any conflict and confrontation; for example, by not using inflammatory language” and to “listen to and treat everyone with respect and without judgment”. I think most of us will agree that using a more inclusive salutation, which does not assume one’s gender, is the more respectful and less inflammatory approach than continuing to use an outdated term. Using someone’s name, if it is known to you, shows even more respect for the human being on the other end of the correspondence. 

The importance of identity in family law

This principle continues to apply beyond the initial introduction. The same point that I make about “Dear Sirs” dehumanising correspondence also applies to how we refer to clients. When I first started to practice in family law, it was very common for everyone to simply refer to clients as “applicant” and “respondent,” or “my/ your client”. Clients are human beings at the heart of the dispute which we are trying to settle in the most constructive way possible. We should therefore treat them as such. I try wherever I can to refer to my clients, and the person on the other side of the dispute, by their first name. This reminds us with each piece of correspondence that these people are more than just the “applicant” or “respondent” in a dispute; they are Stacey, Jane or Mary-Jo-Lisa.

Your name is a big part of your identity. A temporary period in life where you are going through a divorce, or struggling to agree arrangements for your children, is not. 

So, well done to the Law Society for bringing some of our legal terminology into the current century. I wonder what the Ting Tings would have to say about this topic; that’s not my name!

The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.

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