My instinct would be to look for another, nonadversarial, option. That
could probably be explored with the clients present, as long as your client
understands that any comments he or she makes will not be treated as
confidential. Perhaps sending the clients to an early intervention mediator
or using a dispute resolution manager might work. Norma Trusch
_____
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf
Of Tom Nagel
Sent: Thursday, January 27, 2011 8:14 AM
To: collabgroup
Subject: [CollabLaw] WACTD?
WACTD? stands for What's A Collaborator To Do?
I've been WACTD twice in recent months when a fully trained
collaborative practitioner has announced in our first 4x meeting that their
client does not want to sign the collaborative law agreement (in one case)
or wants to delete the attorney disqualification provision from the
participation agreement. Both times the other attorney wanted to continue
working on the case with me and my client, but without it being a full
fledged collaborative case.
So do you play along, or throw the client to the wolves of litigation,
or is there some other option?
Here's what I did. I proposed the question to this forum. (Next best
thing to posting the attorney's picture on YouTube.)
Thoughts?
Tom H. Nagel
Judicatum Procurator Recuperatio
