By Charles M. Goldstein*

Lawyers practicing in the area of collaborative law have stepped outside the bounds of traditional law practice and embraced a new professional identity, and in some case, multiple identities. One of these new identities is the role of teacher. One of the most important things that collaborative lawyers do is teach their clients how to take an active role in their legal proceeding through negotiation. Collaborative lawyers help their clients understand how to listen and reach an agreement in a less adversarial way than the traditional courtroom setting. Providing our collaborative law clients with the tools to help them succeed is something that truly sets us apart from the traditional legal setting.

As attorney’s we have a duty to counsel our clients when it comes to their legal matters. Collaborative law practice takes this duty to a different level. We not only inform our clients of the law, but teach them the skills they need so they are prepared to work with the other party to come to an agreement through the collaborative process. The empowerment and self-determination of the collaborative law process puts the parties in control.

It is important to note though that while the parties are in control of the collaborative law process, their attorneys are still there to help guide them through it. The teaching role of the attorney in the collaborative law process gives our clients the confidence of being in control, with the security of having a trusted advisor that can answer questions and help in the decision making process.

In a traditional courtroom setting clients’ cases are argued by their attorneys, and the court makes a final decision. Through the collaborative process, the attorney’s play a different role and the parties get to decide the outcome. As collaborative attorneys we strive to give our clients the legal knowledge and practical skills that they need to effectively use the collaborative process. Every new case is another opportunity to empower our clients and help them take full control over their lives and future.

*Mr. Goldstein is a collaborative divorce attorney practicing at the Goldstein Law Office in Golden Valley, Minnesota.