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July 11, 2016

If I leave the collaborative process, can my collaborative lawyer go with me?

by Aubrey Harry Ducker Jr. in
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One of the features of a collaborative divorce is in order to promote commitment to the collaborative process, attorneys are prohibited from going with their client into a litigation process. This encourages the attorney to give their very best advice and not to hold things back in preparation for litigation. It also encourages the client to do all they can to settle within the collaborative process in the best interest of their family rather than taking all the work that the collaborative team has done, throwing it out the window and starting over in litigation.

Because of the inherent cost of starting over, the collaborative process has a little bit more force of agreement. When those agreements are made in collaboration, they are much more likely to be followed long-term in the family than when someone is ordered to do something by a judge or agrees in mediation at the last minute to do something. In collaboration, they’ve discussed, heard both sides of the issue, and made a decision that’s in the best interest of their family.