What if my spouse or partner chooses a lawyer who doesn’t know about Collaborative Law?
Collaborative lawyers have different views about this. Some will “sign on” to a collaborative representation with any lawyer who is willing to give it a try. Others believe that is unwise and will not do that.
Trust between the lawyers is essential for the collaborative law process to work at its best. Unless the lawyers can rely on one another’s representations about full disclosure, for example, there can be insufficient protection against dishonesty by a party. If your lawyer lacks confidence that the other lawyer will withdraw from representing a dishonest client, it might be unwise to sign on to a formal collaborative law process (involving disqualification of both lawyers from representation in court if the collaborative law process fails).
Similarly, collaborative law demands special skills from the lawyers—skills in guiding negotiations, and in managing conflict. Lawyers need to study and practice to learn these new skills, which are quite different from the skills offered by conventional adversarial lawyers. Without them, a lawyer would have a hard time working effectively in a collaborative law negotiation.
How do I enlist my spouse (or the other party) in the Collaborative process?
Talk with your spouse (or the other party), and see whether there is a shared commitment to collaborative, win-win conflict resolution. Share materials such as this handbook and articles that discuss collaborative law. Encourage your spouse (or the other party) to select counsel who has experience and training in collaborative law and who works effectively with your own lawyer: lawyers who trust one another are an excellent predictor of success in dispute resolution.
Excerpted from Handbook for Clients: An orientation to …dispute-resolution options available to clients © 2001 American Bar Association |
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