Wednesday’s Video Clip: 10 Tips About Collaborative Practice Agreements
1. How does collaborative practice work? 5-Step Roadmap:
STEP ONE: Establish a Foundation
STEP TWO: Gather and Exchange Information
STEP THREE: Identify Choices and Options
STEP FOUR: Evaluate the Consequence
STEP FIVE: Come to a Decision and Implement an Agreement
2. The process is voluntary as set out in the cp agreement. Parties are expected to engage in the spirit of compromise.
3. We focus on goals and interests.That is specifically set out in the collaborative practice agreement.
4. Both lawyers and their clients agree not to take advantage of each other’s mistakes. So if a mistake is made the lawyer is expected to identify it to the other party.
5. Neither lawyer will go to court should the process fail. If the process fails, the parties must retain new lawyers to take the matter to court.
6. The lawyers still function and give legal advice. They have the responsibility to diligently represent their clients.
7. Lawyers may engage other professionals. For example, we may bring in a Neutral Family Professional or Neutral Financial Professional to assist and join the Collaborative Team.
8. Both parties are expected to make full and timely disclosure by providing all information both parties need to make an informed decision.
9. All communication within the collaborative process is considered confidential. The expectation is that information gathered through cp isn’t going to be used later in a court setting.
10. If an agreement is put in place, signed by parties and their lawyers, that agreement will be enforceable and can be later used in court if necessary. You are expected to live by the agreements that you sign in the collaborative process.
