You are a potential witness; and one or both of the parties may want (or be
convinced) to bring a malpractice action against you for preparing a
document that is now subject to various interpretations (not that I believe
they will succeed) --- I would NOT represent either party at this time, in
any capacity.
Paul G. Kostro, Esq.
Attorney/Collaborative Law Practitioner/Conflict Management
Advocate/Mediator
726 West Saint Georges Avenue
Linden, NJ 07036
Tel: 908-486-2200
Fax: 908-486-1200
Email: Paul@xxxxxxxxxx
Web: www.KostroLaw.com; www.NJFamilyIssues.com;
www.NJCollaborativeDivorce.com & www.ConflictManagementAdvocate.com
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of John M. McDaniel
Sent: Tuesday, January 25, 2011 4:30 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] Premarital Agreement Question
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
