First thanks for sending this to the forum because I also find the
conversations very helpful.
If the clients are hiring the Corp Atty together then I think they need to
sign the Collab Agmt to ensure neutrality and that the attorney cannot be
called as a witness later. If I'm the Corp Atty I want to have the
protection of the CP Agmt.
In my experience, the only neutrals that we don't have sign the CP agmt and
attend a meeting are real estate appraisers, a real estate agent doing a
CMA, and some more tangential consultants (e.g. a CPA who is doing a simple
calculation of effective tax rates). Anyone that is coming to a conference,
or will have an ongoing role, signs the CP agmt.
I am less sure of whether the entire team needs to be at the meeting with
the atty. I can see reasons for either decision and to me, it would depend
on the tenor and specifics of the case. The question I always ask myself
is whether I can provide a clear and cogent value proposition to the client
for having the whole team at a conference, especially clients that are
focusing on cost.
My two cents, probably worth less!
See you all at IACP next week!
On Fri, Oct 18, 2019 at 7:51 AM Charles Spiegel charlesspiegellaw@xxxxxxxxx
[CollabLaw] <CollabLaw@xxxxxxxxxxxxxxx> wrote:
I have a CP case which I'd love some input on. Thanks in advance. These
conversations are so helpful!
Happens to be a single coach, financial neutral and lawyer for each
spouse.
Largest asset is valuable corporate stock. Team needs corporate law
advice on various methods of dividing the rights in the shares. So clients
will hire a Corp lawyer as a neutral.
Some of you may have experiences with such additional neutral experts of
various types...
Two questions.
1. How should we consider if full team should be at meetings where Corp
lawyer presents their findings? Seems to me/us? yes. Clients tho wealthy,
are wanting to control costs......
2. How should we decide if Corp atty must sign on to our CP Agt? Assuming
they are willing to include disqualification language in their
representation agt.
Particularly if you've had experience with such limited scope neutrals,
would love to hear how you may have thought about these issues!
Thanks again.
Charlie Spiegel, Esq.
charlesspiegellaw..com <http://charlesspiegellaw.com>
