I am not near my e-library but the concept of holding myself out to the public
as a "Certified" coll. att. or a "specialist" in Coll. Law does not feel
right. It may very well be that WA ethics rules prohibit attorneys from
holding themself out as such.
I agree with Dave. We may be the best trained Coll. Prof and then a case comes
along and for some reason we just do not do well in it. Perhaps not a good fit
with the client.
Not to mention that even though I have been practicing Coll. law for less years
than some and more than others I still feel like a newcomer. Always something
to learn.
Last fall I attended the Collaborative Professionals of WA conference in Gig
Harbor and Woody Mosten presented for a full day, during which he talked about
on any given day a coll. prof can be different things:
I paraphrase here: An Inadequate Coll. Prof.
Competent / Average Coll. Prof.
Professional / Well above average Coll.
Prof.
An Artist
While I do not think that a collaborative case requires an Artist at all times
I strive to being an Artist on occasion while practicing Coll. Law. Hopefully
it comes at a time when it is most needed for the collaborative Team.
I hope that on most other occasions I am a professional / well above average
Coll. Prof.
I do not see that I can ever hold myself out to the public as a Specialist as I
learn something new with every case that comes through. Once I stop learning
then I hope I would have the grace and humility to know that I
am in the wrong line of work.
Kevin
Kevin R. Scudder
Law Offices of Kevin R. Scudder
9706 4th Avenue NE, Suite 320
Seattle, WA 98115-2157
(206) 524-7828 Phone
(206) 524-1302 Fax
On Sat Jan 22 9:02 , sent:
Carl Michael:experience, and they knock your socks off with mad skills? How many times
New York has a similar rule and we are not allowed to hold ourselves out as
experts or specialists.
It makes me uncomfortable to think of myself as either an expert or a
specialist.
As a collaborative lawyer, I do not represent clients in court.
Attending trainings and doing a lot of cases (hopefully well) still gives me
only the same opportunity to do the next case as everyone else. How many
times have you worked with collaborators that have less
Best,
Dave Murch
Rochester, NY January 22nd, 2011
---- carl Michael rossi cpchicago@xxxxxxxxx> wrote:
So I'm curious, do any of you use the term 'certified' or something
similar in describing yourself to the public as a Collaborative Practice
Professional?
What other descriptions do people use in connection with "I engage in
Collaborative Practice"?
Do any practice groups out there state that they are 'certifying' their
members in Collaborative Practice? Any trainers? I know that most trainers
provide a 'certificate of attendance', are any seeing that as a
'Certification' of the attendee?
Are there ethics or other rules in your jurisdiction regarding such a
claim?
And, of course the hard one, are there any 'actions' that have been taken
by anyone in connection with such a claim by a professional to suggest s/he
might clarify or adjust their statement?
thoughts? comments? Is this only a 'lawyer' issue?
I ask because it seems to me I'm seeing an increase in the number of
professionals who are stating that they are 'Certified' or are
'Specialists' in Collaborative Practice. [As moderator here, and as E.D. of
our practice group, I get to look at a lot of CP websites. Indeed I saw one
the other day that claimed the professional was *'Certified' by the
International Academy of Collaborative Professionals*....this came as 'news'
to me!]
Maybe it depends on the jurisdiction?
But I've even seen such claims here in Illinois where the rule prohibiting
such a statement is pretty clear:
* RULE 7.4: COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION*
(2) the reference must state that the Supreme Court of Illinois does not
recognize certifications of specialties in the practice of law and that the
certificate, award or recognition is not a requirement to practice law in
Illinois.
(a) A lawyer may communicate the fact that the lawyer does or does not
practice in particular fields of law.
(b) *The Supreme Court of Illinois does not recognize certifications of
specialties in the practice of law, nor does it recognize certifications of
expertise in any phase of the practice of law by any agency, governmental or
private, or by any group, organization or association.* A lawyer admitted to
engage in patent practice before the United States Patent and Trademark
Office may use the designation "Patent Attorney" or a substantially similar
designation.
(c) Except when identifying certificates, awards or recognitions issued to
him or her by an agency or organization, *a lawyer may not use the terms
"certified,'' "specialist,'' "expert,'' or any other, similar terms to
describe his qualifications as a lawyer or his qualifications in any
subspecialty of the law*. If such terms are used to identify any
certificates, awards or recognitions issued by any agency, governmental or
private, or by any group, organization or association, the reference must
meet the following requirements:
(1) the reference must be truthful and verifiable and may not be
misleading in violation of Rule 7.1;
(2) *the reference must state that the Supreme Court of Illinois does not
recognize certifications of specialties* in the practice of law and that the
certificate, award or recognition is not a requirement to practice law in
Illinois.
[7.1 states:
A lawyer shall not make a false or misleading communication about the lawyer
or the lawyer’s services. A communication is false or misleading if it
contains a material misrepresentation of fact or law, or omits a fact
necessary to make the statement considered as a whole not materially
misleading.
[1] This Rule governs all communications about a lawyer’s services,
including advertising permitted by Rule 7.2. Whatever means are used to make
known a lawyer’s services, statements about them must be truthful.
[2] Truthful statements that are misleading are also prohibited by
this Rule. A truthful statement is misleading if it omits a fact necessary
to make the lawyer’s communication considered as a whole not materially
misleading. A truthful statement is also misleading if there is a
substantial likelihood that it will lead a reasonable person to formulate a
specific conclusion about the lawyer or the lawyer’s services for which
there is no reasonable factual foundation.]
*InJoy!*
*cMr*
*Collaborative Practice Chicago*
*Divorce Without Warfare*
*carl Michael rossi, M.A. J.D., L.P.C.
Attorney, Mediator, Coach, Counselor*
*773-292-3456*
*cMr@xxxxxxxxxxxxx* cMr@xxxxxxxxxxxxx>
*www.CPChicago.net http://www.cpchicago.net/>*
Executive Director, *Collaborative Practice Professionals of
Illinois*http://cppillinois.com/>
*Apply Collaborative Practice to many types of disputes. Training available
here http://www.slideshare.net/carlMichaelrossi/flyer-abney>.*
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