Hi all-
Maybe I can shed some light on the concept of protocols. Basically, it is
the idea that CFL groups have a shared way of presenting information and then
choreographing that information during the process. For example, it is
helpful if groups have a shared understanding of how information is presented
at consultations with clients. It doesn't mean that there is a script for
the consultations, but it does mean that when a four way is intiated, there
is a reasonable expectation on the part of the clients that the attorneys
have talked about "process anchors" with there clients so that a meeting has
a certain flow and is productive. Other types of protocols could include
protocols around th meetings, gathering information, what happens at the ends
of meetings, etc.. As groups around the county create their own "cultures"
it would be wonderful to share the knowledge.
Today, our committee met and had a very interesting discussion around an
issue that just happened: What is the obligation of the CFL attorney when
her client decides to leave the process because the client has found that her
husband has spent funds (we're talking big numbers here) that were supposed
to be "restrained" in violation of the CFL Agreement. The client has told
her attorney not to tell the other CFL attorney because she wants time to
hire another attorney, leave the process and file. Client feels this is an
emergency filing as she must get the court protection with a TRO. The
attorney, of course, feels she cannot advise her counterpart counsel that she
is about to be fired (or has been fired) because of confidentiality, but also
feels she is misleading counterpart counsel by not telling him. His client is
going feel "ambushed" by the filing. Are there any options? Could this be
handled by something in the contract? It is an easier hypothetical with the
"rat" husband. What about the client who wants to leave the process just
because she decides she wants to use the court model? Is there a way to
contractually protect an innocent spouse from someone who abuses the process?
(By the way- of all of our cases, the above situation has only happened
once to my knowledge... so maybe we shouldn't legislate for the exception.)
Any thoughts?
Thanks, Sherri Goren Slovin, Cincinnati
