In the comment I just sent, I did not add that the collaborative process is
now terminated, so I wish to make clear that it would have terminated when
the other lawyer withdrew and the other party refused to hire another
attorney. However, if you can keep your client out of court, not appear in
this matter in an adversarial proceeding, yet get the thing settled. I
would do it.
I don't know the parties in this situation, so it may be better for them to
go to court, but if the other lawyer was someone who should not have been in
the collaborative process in the first place, perhaps his/her client
shouldn't suffer because of that. You have to make the final decision, but
my decision will always be to not send my client to court if a proper
resolution can be had without it.
Sherrie R. Abney
2840 Keller Springs Road, Ste. 204
Carrollton, Texas 75006
phone: 972-417-7198 fax: 972-417-9655
"Never interrupt someone doing what you said couldn't be done." Amelia
Earhart
This e-mail (and any documents accompanying it) may contain confidential
information belonging to the sender which is protected by attorney-client
privilege.
The information is intended only for the use of the individual or entity
named above. If you are not the intended recipients: you are hereby
notified that any
disclosure, copying, distribution or the taking of any action in reliance on
the contents of this transmission is strictly prohibited. If you have
received this
transmission in error, please immediately notify us by telephone:
972-417-7198
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Sherrie Abney
Sent: Monday, May 04, 2009 9:52 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: RE: [CollabLaw] Continuing representation
Mark
I would continue if the case was far enough along that all issues had been
discussed, a good number of options developed, and the other party would
agree to take the final documents to a lawyer of their choice before a final
order is entered. I don't know about where you are, but we have a referral
bank of lawyers at the local bar association. They will meet with a client
for the purpose of explaining all legal implications of the final orders.
Mediation is another option.
Sherrie R. Abney
2840 Keller Springs Road, Ste. 204
Carrollton, Texas 75006
phone: 972-417-7198 fax: 972-417-9655
"Never interrupt someone doing what you said couldn't be done." Amelia
Earhart
This e-mail (and any documents accompanying it) may contain confidential
information belonging to the sender which is protected by attorney-client
privilege.
The information is intended only for the use of the individual or entity
named above. If you are not the intended recipients: you are hereby
notified that any
disclosure, copying, distribution or the taking of any action in reliance on
the contents of this transmission is strictly prohibited. If you have
received this
transmission in error, please immediately notify us by telephone:
972-417-7198
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Mark Springfield
Sent: Monday, May 04, 2009 8:47 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: RE: [CollabLaw] Continuing representation
I have a collaborative case where my colleague and his client have had a
falling out and he is withdrawing from her representation. His client wishes
to continue to try to settle without going to court, but does not intend to
retain new counsel. My client wishes that I continue to represent him, with
the clear understanding that I could not proceed with litigation. My
question is, can I continue to represent him? Our local protocols do not
cover this situation.
Thanks in advance,
John M. McDaniel
Helon & Manfredo, Attorneys at Law
1318 East Shaw Ave., Ste. 180
Fresno, CA 93710
559/226-4420
559/226-1524 (fax)
Certified as a Family Law Specialist
By the State Bar of California Board of
Legal Specialization
