Harry,
Our Rochester group has discussed this question about representing
clients in the courts after the collaborative case has been concluded
and our rule is that we can never take those clients into court
adversarially. If we want the clients to open up to one another at the
table, they can't be concerned that the attorneys will be committing
what they say to memory to skewer them later.
We explain to clients that one of the benefits of the collaborative
process we is that the agreement they reach will have a chance of being
durable because they need to anticipate having to settle differences as
they transition and as their children mature. We ask them to take the
time and effort to do this as right as they can - once.
Our group's rule is clear - once a collaborative lawyer, always a
collaborative lawyer. We add the paragraphs suggested in Pauline's book
for future dispute resolution and are available to help our clients
return to the process to solve the problems facing them.
Sue
After January 1, 2004 (yes, leaving my firm and striking off on my own
as a "Collaborative Lawyer, Mediator and Settlement Advocate". How is
that for a tag line?):
Suzanne L. Brunsting, Esq.
202 Clovercrest Drive
Rochester, New York 14618
e-mail: sbrunst1@xxxxxxxxxxxxxxxx
as of January 1, 2004: (585) 244-4239
-----Original Message-----
From: Harry Tindall [mailto:htindall@xxxxxxxxxxxxxxxxx] ;
Sent: Thursday, December 11, 2003 1:15 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] Court appearances by collaborative lawyers
Consider the following which has caused us to have different opinions in
Texas: A collaborative case settles and judgment entered. Is the
collaborative lawyer permitted to represent the client in a later action
to
enforce the settlement (nonpayment of support for example) or in a suit
to
modify the original order (such as increase in support or relocation of
child)?
-----Original Message-----
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] ;
Sent: Wednesday, December 10, 2003 5:01 AM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] Digest Number 762
To unsubscribe from this group, send an email to:
CollabLaw-unsubscribe@xxxxxxxxxxxxxxx
------------------------------------------------------------------------
There are 3 messages in this issue.
Topics in this digest:
1. referral
From: "Wendy" <wendy@xxxxxxxxxx>
2. Re: Digest Number 760
From: Susan Gamache <gamache@xxxxxxxxxxxxxxxxxx>
3. International Marketing Deadline Extended
From: "ronousky" <ron@xxxxxxxxx>
________________________________________________________________________
________________________________________________________________________
Message: 1
Date: Tue, 9 Dec 2003 09:37:03 -0500
From: "Wendy" <wendy@xxxxxxxxxx>
Subject: referral
Does anyone know an attorney in the Orlando, FL area that could advise a
family how to get court intervention to force their 17 (almost 18) year
old son into drug treatment?
Thanks.
[Non-text portions of this message have been removed]
________________________________________________________________________
________________________________________________________________________
Message: 2
Date: Tue, 09 Dec 2003 09:30:30 -0800
From: Susan Gamache <gamache@xxxxxxxxxxxxxxxxxx>
Subject: Re: Digest Number 760
Hello everyone,
As follow-up to the discussion on high conflict couples, I would like to
thank those who have posted messages regarding the potential of the
interdisciplinary model. It is certainly our experience in Vancouver
that
many high conflict couples can work effectively with an
interdisciplinary
team to come to terms with each other and with themselves sufficiently
to
remain viable as active participants in their separation and divorce
process, thereby avoiding third party arbitration.
Further, in high conflict the use of two divorce coaches, one for each
party,(as opposed to a neutral therapist or mediator) is critical. The
one-on-one relationship between coach and client is where a lot of the
most
intense work is done, which then pays off in the coaching 4-ways and in
the
lawyer 4-ways as well. We occasionally use 6-way meetings with lawyers,
coaches and clients as a sort of 'the buck stops here' kind of meeting.
They are very rare, usually only one per file. They are obviously
expensive
hours. BUT they are very efficient hours, often resolving issues that
have
been bouncing around costing the parties substantial fees in individual
or
4-way sessions.
I wish I could say we can have this result with 100% of our high
conflict
people. However, we do manage to make it with a surprising number and
those
of moderate conflict are a pretty sure bet.
INTER-DISCIPLINARY TRAINING
In British Columbia, our CLE has endorsed Inter-disciplinary training in
Collaborative Law. As such at least one, if not two, 2-day basic
trainings
are offered each year, one in the spring annually, and possibly one in
the
fall, depending on demand. Advanced training is also offered through
CLE.
Although CLE's mandate is to provide training provincially, these
trainings
are open to practitioners from outside BC. Yes, another great reason to
come
and visit Vancouver!
Nancy Cameron & I lead the training team. For the past 4 years Nancy &
I
have worked together to support education, training and practice in
Collaborative Law. We were the original co-chairs of the Vancouver
practice
group. Working together in collaborative practice since 1999, we have
trained together since 2001. We have both written and presented
extensively
on Collaborative Law. Together, we were the course coordinators of the
CLE
Collaborative separation and divorce training offered in British
Columbia.
(This course won the ACLEA award for Professional Excellence (top award)
in
the Best Program category.) Finally, we have just finished teaching a
full
term, credit course on Inter-disciplinary Collaborative Family Law at
the
University of British Columbia. (This course included both law and
psychology students.)
In addition, the training team for Vancouver trainings includes two
other
members of the Vancouver practice group. (Yes, this is the practice
group
that brought you the most recent IACP networking forum.) Deborah
Brakelely
has trained with us since 2001. A second lawyer is also involved. This
position is filled by one of Sandra Polinsky, Rhona Lichtenwald or
Morrie
Sacks. A financial planner is also included. (This aspect is currently
being further developed and will be ready for this spring.)
All of us are founding members of the Vancouver practice group and are
currently serving on the executive.
WE WELCOME YOU TO COME TO VANCOUVER AND JOIN US!
As an aside, the Vancouver group has greatly benefited from traveling
together to get training from the Collaborative Divorce team. One group
of
7 attended training in Minneapolis and another group of 5 attended
training
in Phoenix. These trips served many purposes, training being only one.
By
the time we returned we knew each other much better, had experienced our
training together, and finally felt ready to get started. I would
highly
recommend attending training with others with whom you intend to
practice.
Not only is it extremely effective in helping you get started, it is a
lot
of fun. (And you just never know what might happen - just ask Rhonda
Hercus!)
I will post information about the Vancouver training (dates, cost) in
the
up-coming weeks.
All the best to everyone over the holidays. May you have wonderful
times
doing something besides keeping up with your e-mail. Cheers!
Susan Gamache
--
Dr Susan Gamache
Registered Psychologist
Marriage & Family Therapist (AAMFT)
Collaborative Family Law Divorce Coach & Trainer
Hycroft Medical Centre
#217, 3195 Granville St.,
Vancouver, B.C., CANADA
V6H 3K2
Tel.: (604) 736-8840
________________________________________________________________________
________________________________________________________________________
Message: 3
Date: Wed, 10 Dec 2003 06:43:09 -0000
From: "ronousky" <ron@xxxxxxxxx>
Subject: International Marketing Deadline Extended
The International Marketing Group has extended the deadline for
groups to become a charter members of the marketing campaign. In
order to a part of this great project, we need to have your group's
commitment by December 31, 2003 and payment must be received by
January 15, 2004.
We are getting very near our intial fundraising goal, so we have
been able to give Liz Ferris the go ahead on the project. At this
point, it still looks like we should be able to have the marketing
campaign available to all charter members by March, 2004.
We want to make sure every Collaborative Group is aware of the
opportunity to participate in this campaign. If you believe your
group has not yet made a decision on the marketing campaign, please
contact one of the International Marketing Campaign members listed
below to get more information.
Ron Ousky
International Marketing Campaign Committee
Michelle Sullivan michellesullivan@xxxxxxxxxxxxx
Peggy Thompson DRPTCD@xxxxxxx
Lisa Alexander lisaalexander@xxxxxxxxx
Jennifer Jackson Jjdivorce@xxxxxxx
Bob Bordett bob@xxxxxxxxxxx
Marion Korn mkorn@xxxxxxxxxxx
Lynda Robbins ljrobbinsesq@xxxxxxxxxxx
Kim Davidson KKdavidson1@xxxxxxx
Alan Nobler Alan@xxxxxxxxxx
Ron Ousky ron@xxxxxxxxx
Brad Hunter brad.hunter@xxxxxxxxxxxxxxxx
Kelley Pears KPears@xxxxxxx
Diane Diel ddiel@xxxxxxxxxxx
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