I have taken on a few "mid-stream" CL files, and can say that with one
exception, they were successful.... and I have one ongoing at the
moment... after the first meeting, my client (husband who was subject to
restraining order alleging assault, and who was very unhappy at being
excluded from his children as a result), said, "that was really
something... I would never have thought things could go that well" and left
the meeting with a positive perspective.
Time will tell if it holds, but the message, I think, is "why not try it?"
I perceive the problem not so much as whether the clients can make the
shift - but more can their lawyer. In my experience, if proper behavior and
collaborative discussion is adequately modeled by the lawyers, the clients
generally step in line very quickly.
While I continue to do litigation, in my experience, even if the clients
think they want retribution after being "attacked" in the litigation
process - most often they appear to feel better after if we reduce the
confrontation and allow a model where each of them are treated well and with
respect - even when they continue to disagree.
So, my two cents worth - I take the position to never count out the CL
process, even if shots have already been fired.
Rob Harvie
Lethbridge, Alberta, Canada
----- Original Message -----
From: "Margaret P. Opatovsky" <mopatovsky@xxxxxxxxxxxx>
To: <CollabLaw@xxxxxxxxxxxxxxx>
Sent: Thursday, January 08, 2004 8:40 AM
Subject: Re: [CollabLaw] Can you change midstream?
I have had 2 files where the parties started litigation and then chose thecollaborative option mid-way; in one case with 2 new collaborative lawyers
entrenchment engendered by litigation. Also, I am skeptical that a client
I have my doubts that this kind of shift can be made given the
Marg Opatovsky----
905-835-1163
----- Original Message -----
From: Marc Hallert
To: Collablaw@xxxxxxxxxxxxxxx
Sent: Thursday, January 08, 2004 9:51 AM
Subject: [CollabLaw] Can you change midstream?
One of the members of our collaborative law group has a client who is
interested in doing the case collaboratively. The client's
husband,however,does not wish to hire an attorney. Assuming the case
must necessarily proceed on a non-collaborative basis, the attorney
asks whether or not the case may later proceed collaboratively should
the husband change his mind after viewing the adversarial process. Any
thoughts?
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