collaborative law Archives

10 10, 2007

ABA Says Collaborative Law Is Ethical

2019-01-16T22:19:53+00:00By Debra L. Bruce, JD, PCC.|Comments Off on ABA Says Collaborative Law Is Ethical

Some lawyers question whether a lawyer can fulfill her ethical duty to zealously represent her client in a collaborative process where the parties agree to open communication and information sharing. The challenge mainly arises out of the requirement that the lawyer must withdraw from the representation if the collaborative process breaks down, and the parties pursue litigation. In August 2007 the ABA published its Formal Opinion 07-447 about Ethical Considerations in Collaborative Law Practice, and opined that the Collaborative Law process is ethical.

This is an important stride for the Collaborative Law process, and for clients. Today many clients want lawyers to help them resolve disputes without gettingÂ so caught up in “winning” that they lose sight of the real interests of the client. Clients know that all-out warfare is often deadly to their health and well-being, as well as to their bank accounts.

The Christian Science Monitor recently published a succinct and informative piece on Collaborative Law and the recent ABA Opinion. If you want more information about Collaborative Law, check out the website of the International Academy of Collaborative Professionals. You can also read an article I wrote a few years ago about the spread of Collaborative Law from family law disputes to business disputes.

Collaborative Law Spreading Like a Virus

2019-02-10T23:15:54+00:00By Debra L. Bruce, JD, PCC.|Comments Off on Collaborative Law Spreading Like a Virus

It’s growing and it’s infectious. Could we be experiencing an epidemic of civility and candor among our fellow lawyers? Collaborative Law, once contained to the family law sector, may be breaking through to the resolution of business and other civil disputes. A recent rash of events evidences the spread of the contagion.

Where Collaborative Law is Spreading

On December 9, 2004, Texas State Representative Toby Goodman filed HB 205 to amend the Texas Civil Practice and Remedies Code to authorize Collaborative Law procedures in civil litigation outside the family law arena. On January 18, 2005, the Board of Directors of the Houston Bar Association authorized the creation of a new Section of the Houston Bar Association called the Collaborative Law Section. The HBA is the first major bar association to establish a Collaborative Law Section, but Dallas is not far behind. The Dallas Bar Association has a newly formed Collaborative Law study group, which is a required precursor to becoming a section of the Dallas Bar Association.The Texas Collaborative Law Council, Inc. was formed in August 2004 as a non-profit corporation by civil attorneys to promote the use of the collaborative process for resolving civil disputes, and to educate lawyers and the public as to the benefits of the process. Collaborative Law also garnered nationwide, mainstream attention in January 2005 when The Today Show, the NBC television morning news program, featured a segment on the positive impact the Collaborative Law process is having on divorcing couples.

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Returning Civility to Your Civil Practice:

2019-02-10T23:15:54+00:00By Debra L. Bruce, JD, PCC.|Comments Off on Returning Civility to Your Civil Practice:

“When I graduated from law school I was proud and excited to be a lawyer, but 20 years later I leave the office every day feeling battered and bruised I feel like the proverbial kicked dog.” Those were the words of one of my clients, a bright and successful trial lawyer.

Are you on the verge of burnout from the escalating incivility in your civil practice? Thanks to the pioneering efforts of some family lawyers, there may be a solution on the horizon.

Minnesota lawyer, Stuart Webb, the “Father of Collaborative Law”, was burning out after 8 years of civil practice followed by 17 years of family law practice. Before giving up and shutting down his firm, however, he began experimenting with new ways of trying to resolve family law disputes, and Collaborative Law was born.

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