Dear Sherri:
I think your conundrum is something that should be discussed
initially and handled in the contract. If the agreement is "all cards
on the table", this should mean ALL cards, including giving notice
immediately of an intention to withdraw from the process. Given that,
perhaps the agreement could contain a clause that if the agreed upon
"restraints" are violated, that there is some built in sanction.
I'd love to hear reactions to your question from others.
Thanks for clarifying the "protocols" definition.
Norma Trusch
mede8tr@xxxxxxx wrote:
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
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