Thank you so much.
That follows my gut instinct, but I had yet to find the language you reference
below.
Best regards,
Cindy
Cynthia A. Pensoneau, Esq.
APPERSON CRUMP, PLC
6070 Poplar Avenue, Sixth Floor
Memphis, TN 38119-3954
901-756-6300 Telephone
901-757-1296 Facsimile
www.appersoncrump.com<http://www.appersoncrump.com>
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From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx]
Sent: Tuesday, February 02, 2016 2:45 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: Re: [CollabLaw] Is entire law firm conflicted off of litigated divorce
after Collaborative process terminates?
Cindy, the answer is, no, no way. See Section 9 of the Uniform Collaborative
Law Act. Even if your state hasn't adopted it, it has been the basic rule in
the collaborative community since the beginning of (collaborative) time, and is
fundamental. The Act has some exceptions, but the rule of the collaborative
community never did prior to the UCLA. We have always, until the UCLA, taken
the position that the concepts that apply when determining whether a conflict
exists are the same concepts we use regarding disqualification.
Now, you can find this provision in the IACP model participation agreement for
use in states that have not adopted the UCLA-:
Lawyer Disqualification
The parties agree that a collaborative lawyer who represented a party under
this collaborative process, or any lawyer in a law firm with which a
collaborative lawyer is associated, shall be disqualified from representing a
party in a court or other proceeding related to the collaborative matter(s)
under this collaborative process. The parties agree that they will not engage
for such purpose a collaborative lawyer under this collaborative process, or
any lawyer in a law firm with which a collaborative lawyer is associated.
Notwithstanding the collaborative lawyer disqualification provision, the
parties agree that a collaborative lawyer, or a lawyer in a law firm with which
the collaborative lawyer is associated, may represent a party to request a
tribunal to approve an agreement resulting from the collaborative process, or
to seek or defend an emergency order to protect the health, safety, welfare or
interest of a party, if a successor lawyer is not immediately available to
represent that person. However, when that party is represented by a successor
lawyer, or when reasonable measures are taken to protect the health, safety,
welfare or interest of that party, the collaborative lawyer disqualification
provision shall apply.
Best, Pauline
Pauline H. Tesler
Law Offices of Tesler & Sandmann
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On Tue, Feb 2, 2016 at 10:49 AM,
cpensoneau@xxxxxxxxxxxxxxxxx<mailto:cpensoneau@xxxxxxxxxxxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx<mailto:CollabLaw@xxxxxxxxxxxxxxx>> wrote:
Our signed Collaborative Practice Agreement does not specifically address this
issue, and I could not find a clear answer in the IACP Standards and Ethics.
Can anyone direct me to a rule or other resource for a definitive answer as to
whether another attorney in my firm can handle a litigated divorce subsequent
to my representation of one party in the Collaborative process?
Thank you,
Cindy
Cynthia A. Pensoneau, Esq.
APPERSON CRUMP, PLC
6070 Poplar Avenue, Sixth Floor
Memphis, TN 38119-3954
901-756-6300<tel:901-756-6300> Telephone
901-757-1296<tel:901-757-1296> Facsimile
www.appersoncrump.com<http://www.appersoncrump.com>
Confidentiality Notice:
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