I agree with David. Although he/she is a lawyer, he/she is being retained as a
neutral advisor within the CP process.
Joelle
On Oct 21, 2019, at 6:42 PM, David Hoffman dhoffman@xxxxxxx [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx> wrote:
I have used neutral corporate lawyers several times in mediations where the
parties needed to decide how to restructure a corporate entity or structure a
corporate transaction. In those instances, the lawyer was serving as an
expert, not in a representative capacity. Hiring someone jointly to be an
expert (even if they are a lawyer) strikes me as similar, from an ethical and
legal standpoint, to hiring a joint business appraiser, joint real estate
appraiser, or joint financial expert. The service provided by the neutral
lawyer is not legal advice but legal information – i.e., explaining (a) what
the options are, and (b) the relative advantages and disadvantages of each
option. IMO, in a CP case, the neutral expert needs to sign the Participation
Agreement not only to ensure that s/he does not later represent one of the
parties, but also to protect confidentiality. An engagement letter should
also, IMO, specific how the person is being paid, whether ex parte
communications are permissible (or not), and whether/under what circumstances
her/his services can be terminated.
David A. Hoffman, Esq.
Mediator, Arbitrator, Collaborative Lawyer
Boston Law Collaborative, LLC<https://blc.law/team/david-hoffman>
101 Arch Street – 8th Floor
Boston, MA 02110
(617) 439-4700 x1
BLC Assistant: Karen Richards - KRichards@xxxxxxx<mailto:KRichards@xxxxxxx> or
617-439-4700 x5
TEDx Talk on “Lawyers as
Peacemakers”<https://www.youtube.com/watch?v=JKXv1_Sqe_4> --
tinyurl.com/Hoffman-TEDx<http://tinyurl.com/Hoffman-TEDx>
John H. Watson, Jr. Lecturer on
Law<http://www.law.harvard.edu/faculty/directory/10397/Hoffman>
Harvard Law School
Cambridge, MA 02138
Faculty Assistant: Caryn Shelton-May –
CJMay@xxxxxxxxxxxxxxx<mailto:CJMay@xxxxxxxxxxxxxxx> or 617-495-9200
This message is intended for the addressee only and is strictly confidential.
If you have received this message in error, please notify me and remove it from
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<image002.png>
From: CollabLaw@xxxxxxxxxxxxxxx <CollabLaw@xxxxxxxxxxxxxxx>
Sent: Monday, October 21, 2019 3:26 PM
To: Intl Collaborative Listserv <CollabLaw@xxxxxxxxxxxxxxx>
Subject: Re: [CollabLaw] Opinions solicited
One question I had is who is the client for the corporate lawyer? You can have
neutral experts, but when a person is offering legal advice, can you really be
neutral?
I had a collaborative case where there was issue with a foreclosure, and one of
the parties hired a real estate lawyer. That lawyer could not be hired as a
neutral and could not provide legal advice to both parties because there was
the potential for competing interests between the spouses. As a practical
matter, we had the ability to share information that came from that real estate
lawyer with the team in the divorce.
Kellie McConahay
Attorney & Certified Divorce Financial Analyst
McConahay Law Firm PC
3300 Edinborough Way, Suite 550
Edina, MN 55435
Office: 952-405-2065
www.mcconahaylaw.com<http://www.mcconahaylaw.com>
kellie@xxxxxxxxxxxxxxxx<mailto:kellie@xxxxxxxxxxxxxxxx>
Collaborative Law & Mediation
Featured blogger at
www.collaborativedivorceoptions.com<https://collaborativedivorceoptions.com/celebrating-childrens-milestones-after-divorce/>
On Oct 17, 2019, at 11:19 PM, Charles Spiegel
charlesspiegellaw@xxxxxxxxx<mailto:charlesspiegellaw@xxxxxxxxx> [CollabLaw]
<CollabLaw@xxxxxxxxxxxxxxx<mailto: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/>
