A Clients’ Paradigm, Not A Lawyer’s Web...

In order for a case to be Collaborative, there must be a signed Collaborative Agreement. If a lawyer tells you he or she can work "collaboratively" with your spouse's attorney, without the risks and rewards of the Collaborative Participation contract, it is not truly a Collaborative matter. Such a lawyer may be more concerned with preserving his or her opportunity to earn fees in litigation and this may be an impediment to the empowerment you can receive by utilization of the Collaborative Process.

The cornerstone of Collaborative Practice is the Participation Agreement, and the backbone of the Agreement is its Disqualification Clause. If you have decided that the Collaborative Process can "provide the story you want your children to tell of their parents' divorce", only by taking the metaphorical club out of the attorneys' hands, can you eliminate the immediate threat of a "War of the Roses" scenario.

Only a signed Participation Agreement can quiet veiled threats of litigation and the take it or leave it positioning that is so often present in traditional attorney negotiated cases. Without the foundation of the hopeful trust and cooperation which the signed Collaborative Participation Agreement symbolizes, the suspicion and fear that so often leads to divorce in the first place, will be ever present throughout any negotiation, and long after the decree of dissolution is finalized.

And finally, without the protection of the terms of the Collaborative Contract, a lawyer, while acting in your best interests, may not be zealous in his or her representation of your legal interests, if he or she were merely acting "collaboratively"; and, not using all of the "litigation tools" made available by the courts.