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What you might not know about many divorce lawyers (until it's too late).

Supriya McKenna

Let's talk about language

I’m pleased to see the 'Language Matters initiative' here in the UK, supported by the President of the Family Division, Sir Andrew McFarlane. The aim is to combat the use of adversarial language in divorce, to help couples to resolve things more amicably. Moving away from the “Kramer vs Kramer’ type of language, using first names instead of ‘Applicant’ and ‘Respondent’, not referring to the ‘other side’, avoiding words like ‘battle’ are examples. 


But what surprises me is how this is hailed as being ‘insightful’, ‘revolutionary’ and ‘forward thinking’, when in fact it is blindingly obvious to the average non-legal person. (Lawyers, if you don’t believe me, just go out on to the street and ask the first person you see what they think). 


Why is it that the use of this appalling language has not been called out before? 


Is it because that’s just how lawyers were taught to communicate, and they just never questioned it? (Surely not - lawyers are known for their high IQ’s). 


Is it because that is what all the other lawyers do, and they don’t want to appear ‘weak’ to their clients, by using more appropriate language, when the other lawyer is not? (Hmm. I’m not convinced by this - a poll of my clients indicates that they would prefer the opposite, regardless of how the other solicitor is communicating).


Is it because it sounds ‘clever’ to write in ways which sound ‘legal’ and scary? (Possibly - but lawyers - surely someone else’s divorce shouldn’t be about patting yourselves on the back for sounding clever. Write a novel instead.). 


Or is it because it suits most lawyers to increase the conflict, because it ramps up the costs to the divorcing couple? 


We are always being told that family lawyers went into their jobs to help people. And some certainly did, and they are the ones that behave professionally in ways which are congruent with those values. 


But the vast majority of UK family lawyers haven'y bothered to train in (or even know about) out of court methods of dispute resolution. And they are not even members of Resolution, an organisation which provides further training to family lawyers. 


How many of the lawyers who don’t belong to professional bodies, who do their own thing, who make court applications that they know can’t possibly succeed, who don’t bother to learn about domestic abuse, coercive control and narcissism - how many of them are going to have even heard of the Language Matters initiative? How many of them are going to be guided by it, when it will reduce their earnings by reducing conflict? Not many, I’ll wager. 



"The general public do not know what they are getting into when they instruct a family lawyer."



The general public do not know what they are getting into when they instruct a family lawyer. They do not know that any conversation they have with their lawyer will be rounded up to the next 6 minutes (with no discernible justification - can’t you just bill for the actual minutes you spend instead?). 


If they are in a high conflict divorce with a narcissist, they don’t know that it’s most likely that the person they hired to protect them will be completely unequipped to deal with their spouse, through a mind boggling lack of self-education. They don’t know that having the ‘protection’ of their own lawyer actually means that their spouse’s lawyer is actually enabled to hurl unfounded allegations at them, whereas being a litigant in person reduces how abusive the other lawyer could be towards them. 


They don’t know that lawyers don’t have to get their clients to behave, but can become weapons of their abuse instead, and that there is no regulation that stops this. They don’t know that lawyers can write pretty much whatever their client asks them to write, on the grounds that they are 'following their client's instructions' and that the truth is irrelevant. 


They don’t know that lawyers can advise their clients incorrectly, and make court applications on their behalf that are bound to fail - and then simply blame it on the judge, when it all goes wrong. 


They don’t know that their lawyer can easily run up their costs by responding to every irrelevant letter that their ex has sent them through their solicitor, when in fact they don’t need to, preying on their client's fear of a judge believing the allegations.


They don’t know that the mass exodus of lawyers from family law might be related to all of this. They don’t know that the very lawyers that went into the job with principles and values are the ones most likely to throw in the towel, to do something more meaningful instead. 


So yes, the Language Matters initiative is important. But more important would be to properly regulate the emotional and financial abuse by proxy that family lawyers engage in when writing letters to ‘the other side’. That’s what I’d like to see the President of the Family Division tackle next. 


And, on the subject of language, at the moment, in the context of divorce, it is actually misleading to call most solicitors ‘family’ lawyers. It’s far too cuddly and empathic sounding, and doesn’t nod to the fact that the client’s family is not the priority - reaching their firm’s targets is. 


‘Divorce lawyer’ is way more honest - and yes, I’m calling it out. 


Let’s hope this changes. And quickly. 

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The word "narcissist" is ubiquitous, but are we using it correctly or is it just a buzzword? Expert Dr Supriya McKenna explains what real narcissism is Do you know a narcissist? If you think of your everyday acquaintances, who springs to mind as being a possible narcissist? Your housemate, who is too selfish and lazy to do her own washing up? Your sister, who has never left the house without full make up on? Your work colleague, who is obsessed with designer clothes? Your partner, who cheated on you? Your best friend, who insists on driving a sports car he can’t afford? That date, who ghosted you? But are these people actually narcissists? Well, maybe—but having these traits in isolation doesn’t tell us much. How to recognise a narcissist True "narcissism" is actually Narcissistic Personality Disorder (NPD), a real, diagnosable personality disorder, and there is a precise range of very specific behaviours that result from having it. These behaviours go well beyond being just mean, vain or selfish—undesirable and irritating though these are. "You (or someone you know) will definitely know a real narcissist—but it might not be who you think it is" As a society, we have collectively misappropriated the narcissist word—and in using it incorrectly we are downplaying the seriousness of what real narcissism (NPD) is. And worse, because of this, we are missing the true narcissists in our midst. Narcissistic Personality Disorder is estimated to affect up to one in twenty people, although exact figures vary. Each narcissist affects several people to some degree—their partners, children, extended family, friends, work colleagues and even their casual acquaintances. What is Narcissistic Personality Disorder? NPD is fundamentally a condition of low empathy, where the person has a very limited ability to step into another person’s shoes and feel their pain or joy (or any other emotion).This means that narcissists relate to people on a very different level to an empathic person. Essentially, they cannot deeply care about you, other than in the context of what you can do for them. Confusingly, narcissists are usually able to feign empathy. If we add this low empathy to another hallmark feature of narcissism, a sense of entitlement, you can see how narcissists are able to exploit people for their own gain.The narcissist you know may be exploiting different people for different things. They might be taking credit for other people’s work, using their partner as a domestic slave or provider of sex, and using their children as a way to gain admiration from others. "Narcissists are good at feigning empathy, but they cannot truly feel it" Narcissists see people merely as objects, and their exploitation of others often tips into psychological (and sometimes also physical) abuse. Are narcissists born or made? NPD is partly genetic, but it mostly results from how, as children, the person adapted to a difficult upbringing. As a child, the narcissist developed coping strategies which became "wired in". It’s this wiring that leads to the specific patterns of behaviour that adult narcissists exhibit. The vast majority of people with NPD cannot be cured, although a few specialised psychotherapists report some success. At the core of every single narcissist is a feeling of low self-esteem and shame. But these are feelings which a narcissist cannot bear, so they construct a false persona that they hold up to the outside world to hide behind. "At the core of every single narcissist is a feeling of low self-esteem and shame" This false persona is a shield. It protects the narcissist from feeling their true feelings—and it is very convincing to the onlooker indeed. But a narcissist’s protective false persona can only survive in the presence of external validation. "Narcissists need attention from others, at all times, preferably through admiration and adoration." In the absence of this, they secure attention by causing drama and conflict—and even by instilling fear into others. When a narcissist is getting enough attention their false persona is strong, and they can believe that they are special and unique. The most important thing to know about narcissists is that it is their desperate need to feel special that drives all of their behaviours, and that their need for attention (which is known as "narcissistic supply") is constant—their armour will crumble without it. Types of Narcissistic Personality Disorder There are four major types of false persona to look out for, which can overlap: The Exhibitionist Narcissist appears to be devastatingly charismatic, and may be clever, funny, or very sexy. They relish attention. The Devaluing Narcissist is openly toxic. They put people down in order to feel better about themselves through ridiculing, shaming, badmouthing and name-calling. The Communal Narcissist presents themselves as a do-gooder—needing to be seen by others as the most generous, most kind or the most caring. And the Closet Narcissist, the hardest type to spot, shies away from the limelight, but often associates with people who are special to feel special by association. They get their attention in much more sneaky ways than the other types of narcissist—often through playing the victim, and they appear quiet, shy and effacing. 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" Signs of narcissistic behaviour Telltale behaviours of narcissism "Love bombing" at start of relationships Repeating cycles of niceness and nastiness An inability to be alone Lack of deep, long term friendships Inability to take the blame or responsibility, blaming others instead An inability to apologise and mean it Violating boundaries Lying and gaslighting Episodes of rage Jealousy Accusing others of what they themselves are doing Moral hypocrisy Playing the victim Lack of empathy Entitlement Exploiting others Aggression (including passive aggression) Devaluing and badmouthing others (putting them down, ridiculing them) Manipulating and playing people off against each other Selfishness Conditional, shallow love A need to control others "Lying, gaslighting and manipulation are all hallmark traits of Narcissistic Personality Disorder " A true narcissist will exhibit nearly all of these behaviours and, the closer you are to them, the more of them you will see. 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