It occurs to me that the problem for the new attorney is exactly the same
for them whether they start in collaborative law or traditional practice. In
either case they will lack the experience necessary to be good attorneys. And
yet, isn't that exactly where most of us were when we started out? I would be
willing to be most of us have some real horror stories to tell about this
time of our professional lives.
If a new attorney is hired by a law firm, they work with highly trained and
experienced attorneys while they learn the ropes. If, however, the new
attorney starts out on their own, the only way they learn is to start taking
cases,
and ask as many questions of as many other people as possible. They go to
training programs, join bar associations, and hope they will not land a
malpractice suit before they land a good fee paying case.
How does the old saying go - good decisions come from experience. Experience
comes from poor decisions.
Nobody would choose ideally to have an inexperienced attorney (or any other
professional, for that matter) working on a difficult case with us. As a
trial attorney, one might relish the opportunity to carve up a new attorney.
So, doesn't the real question become, How can we support new and
inexperienced attorneys in the collaborative process to obtain experience and
develop
skills without damaging their clients or the process?
Some people have talked about mentoring programs, and I, for one, welcome
that idea. Perhaps mentoring should be required for ALL new collaborative
attorneys, for a duration related to their level of experience and personal
proficiencies. Perhaps they will split their fees with an experienced attorney
in
order to 'second chair' their first case or two.
New attorneys probably need be encouraged to seek other opinions on their
case to help recognize issues and risks, and, where these occur, to do
whatever
it takes to get the information their client needs in order to resolve the
issue.
On our local family law bar Listserv even highly experienced attorneys
routinely ask for help and advice. And such advice is usually given quite
generously by other members.
I just don't see why we would want to tell interested young attorneys to go
out and get your experience on your own, then come back and talk with us.
That doesn't really feel to me like what we are all about.
Take Care
Bruce D. Peck
Collaborative Family Law
9202 Tyne Lane
Inver Grove Heights, MN 55077
(651) 994-9944
(651) 994-9955 Fax
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