1. As long as he signs a waiver of potential or actual conflict I see no legal
reason why you
cannot in a collaborative setting that has a signed participation agreement.
You may want to
tailor the PA to acknowledge the fact that you may be called as a witness if
the matter is
litigated.
I was in a case where I was the little league coach for a child of the parties
and I came into the
collaborative case as attorney for the husband. The wife was happy to have me
as part of the case
as she knew she could trust me. Perhaps you have the same situation.
That being said:
2. Have you done your own analysis as to why you want to take part in the
collaboration as
opposed to having another attorney take it on and you come in as an allied
professional to address
interpretation issues when they arise? I say so because the subject matter of
the collaboration
might involve the legal work you did on behalf of your client and you could be
in a situation
where you are protecting yourself from malpractice or other action.
It may be that you would be getting into a situation where you have too many
hats and your
interests questioned.
Good luck.
Kevin
Kevin R. Scudder
Law Offices of Kevin R. Scudder
9706 4th Avenue NE, Suite 320
Seattle, WA 98115-2157
(206) 524-7828 Phone
(206) 524-1302 Fax
On Tue Jan 25 13:30 , 'John M. McDaniel' <jmcdaniel@xxxxxxxxxxxxxxxxx> sent:
A number of years ago I represented a client in the negotiation and
drafting of an exceedingly complex premarital agreement (over 20
drafts were generated during the process). The parties are now headed
toward divorce. They have accumulated a substantial estate and have
been thus far working with an accountant in their negotiations. I have
been basically parked along the sidelines while they go over the
finances with the accountant. They have resolved a number of issues.
Some that have not resolved as of yet may involve interpretation of
the premarital agreement. Neither has nor intends to challenge its
basic validity. Putting its terms into effect, however, may result in
different view of its operation.
They have talked about using the collaborative process. He has not yet
hired an attorney, and I think that would not occur until they get
stuck in their negotiations. I have encouraged her to start the
collaborative process, and sooner rather than later. However, I am
wondering if it would be appropriate for me to act as her
collaborative lawyer as I was intimately involved in negotiations and
drafting of the premarital agreement, and would have an interest in
the outcome of the process other than strictly as her collaborative
divorce lawyer, since I am a percipient witness.
I would appreciate anyone's thoughts on this issue.
--
John M. McDaniel
Helon & Manfredo LLP
Attorneys at Law
735 West Alluvial Ave., No. 102
Fresno, CA 93711
559/226-4420
559/226-1524 (fax)
Certified as a Family Law Specialist
By the State Bar of California Board of
Legal Specialization
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