Can a Lawyer represent a client zealously if it is agreed in advance not to go to court?
By entering into a Collaborative Law Participation Agreement lawyers and their clients have thoughtfully agreed to limit the lawyers’ representation within the contractual relationship to that of providing representation for settlement purposes only. Nothing in the Canons of Ethics precludes such a limitation. In stepping out of the adversarial process, the collaborative lawyer does not give up the role of advocate for his or her client. None of a lawyer’s duties or obligations to a client is affected by this limitation.

What happens if one party decides to go to court?
Participation in the Collaborative Law process is based on the requirement that the parties to the participation agreement (both attorneys and clients) have acted in good faith and have provided accurate information as required under the good faith question/good faith response approach. Thus, a party’s refusal to fulfill its disclosure obligation under the participation agreement will make it impossible for the parties to reach a fair resolution. When an attorney learns that his/her client has withheld or misrepresented information that should have been disclosed, the participation agreement requires the collaborative lawyer to withdraw.

Why must a Lawyer resign if the other side decides to go to court?
The requirement that all lawyers be disqualified in the event of a breakdown guarantees that all participating counsel will be totally and exclusively motivated to make the process succeed. Thus, all participants are equally and fully invested in finding the solutions to all problems. More subtly, it is believed that the way people participate in negotiation, and especially the way lawyers participate, is affected by the certainty that lawyer will never litigate the case. Openness, candor, and cooperation replace guardedness, secrecy, and threats as the techniques most likely to achieve ultimate success. Walking out in anger, or provoking the other side to, ceases to be a viable tactic.

How is a Lawyer’s relationship with a client different in the collaborative law process, and how do Lawyers prepare clients for it?
First, the lawyer never ceases to be the client’s advocate and the client is so assured. By entering into the participation agreement the client has already decided and declared the intent to neither threaten nor pursue litigation (an entitlement, however, which the client never waives). Now the objective is to discern and attempt to satisfy the interests of both (all) parties. To that end, all parties and counsel must cooperate. Counsel will encourage their clients to speak candidly about their own needs and desires, and to listen carefully to those expressed by others. Collaborative lawyers remind and reassure their clients that by treating the other side’s interests with respect, they are serving their client’s goals and interests. Collaborative lawyers are trained in collaborative communication skills and will assist the parties in this endeavor.

What happens if negotiations reach an impasse?
The Collaborative Law Institute of Georgia is based on an interdisciplinary network model. Collaborative lawyers can agree to employ experts, such as therapist and financial experts, to advise both sides as to disputed facts or law. The participation of interdisciplinary network professionals can help move the case forward toward solutions. Finally, collaborative lawyers and parties can hire a mediator at any time.

What if a collaborative Lawyer is approached by a non-trained lawyer wishing to participate in the Collaborative Law process?
The participation agreement allows a non-trained lawyer to enter into a participation agreement with a trained collaborative lawyer (and with their clients) when the Institute member is assured that the non-member can and will abide by the terms of the participation agreement, become educated about the collaborative law process as prescribed by the Collaborative Law Institute of Georgia and agree to take part in future formal collaborative law training.