What kind of information and documents are available in the collaborative law negotiations?
Both sides sign a binding agreement to disclose all documents and information that relate to the issues, early and fully and voluntarily. “Hide the ball” and stonewalling are not permitted. Both lawyers stake their professional integrity on ensuring full, early, voluntary disclosure of necessary information.
What happens if one side or the other does play “hide the ball,” or is dishonest in some way, or misuses the Collaborative Law process to take advantage of the other party?
That can happen. There are no guarantees that one’s rights will be protected if a participant in the collaborative law process acts in bad faith. There also are no guarantees in conventional legal representation. What is different about collaborative law is that the collaborative agreement requires a lawyer to withdraw upon becoming aware his/her client is being less than fully honest, or participating in the process in bad faith.
For instance, if documents are altered or withheld, or if a client is deliberately delaying matters for economic or other gain, the lawyers have promised in advance that they will withdraw and will not continue to represent the client. The same is true if the client fails to keep agreements made during the course of negotiations, for instance an agreement to consult a vocational counselor, or an agreement to engage in joint parenting counseling.
Excerpted from Handbook for Clients: An orientation to …dispute-resolution options available to clients © 2001 American Bar Association |
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