Is the five-year bar there because litigating cases is the experience you need
to be a great collaborative lawyer? Some of my successes in litigation over
the past year include forcing a child support obligee to pay her attorney to
re-file a contempt proceeding against my client because of a technicality, not
because my client actually paid support; saving a very wealthy client from
having to pay retroactive child support to a much less wealthy opponent (part
of the litigation strategy was to drag-out, confuse and blur, causing the judge
to not want to deal with the issue); securing 100% custody based on accusations
that were impossible to prove and child support based on imputed income against
a pro se litigant, who later attempted suicide; and other similar feats. I
feel good about my zealous representation of my clients, and I do try my best
to settle each of my cases, but I do not understand why anyone would think that
learning how to win in the court room is more beneficial than the experience of
actually doing collaborative cases.
The words "great litigator" mean different things to different people, but many
non-collaborative litigators seem to believe that it means allowing your
client's righteous indignation to fuel the fire in your own belly, learning
how to use that anger to scare the opposing party into submission or force the
judge's wide discretion, all the while presenting that you are simply trying to
enforce the law. I have had the opportunity to learn from people who have
mastered this difficult skill. I am not sure how useful it is in collaborative
practice.
I believe that the best way to become a great collaborative practitioner is to
have the opportunity to practice collaboratively.
----- Original Message -----
From: Gary Direnfeld
To: CollabLaw@xxxxxxxxxxxxxxx
Sent: Friday, June 09, 2006 1:26 PM
Subject: [CollabLaw] five year requirement...
Hi folks,
There is the story of what one calls the medical student who graduates with
the lowest marks in the class.
For those who do not know the answer, it is... DOCTOR.
We train and then we work. This goes equally for any profession. I don't seem
to recall a five year moratorium on litigation post graduating. More to the
point, many lawyers would practice under the wing of others and those who hung
out shingles may avail themselves of mentors and consultants. However, once we
graduate, from virtually any profession, we are unleashed onto the public.
I really do not belive, there need be a moratorium on Collaborative Lawyers
requiring them to practice five years in advance of becoming a collaborative
practitioner.
We hear similar fallacious arguments with regard to therapy. Some argue that
the better therapist is the one who has experienced the issue for which one
councils. To others, this is tantamount to the blind leading the blind. Truth
is, it is not prior experience that matters, but a good understanding of the
issues and an ability to separate one's issues from those of the clients, thus
advancing the well being of the client over one's personal agenda.
So the issue then is not whether or not to practice fresh out of law school,
but that the ethical practitioner continue to develop and seek input when
necessary.
To the public, I always recommend checking out the therapist - before
therapy. Similarly the public should be apprised to check out any professional
prior to engaging services. But for me, the answer is not limiting entry to the
practice of Collaborative Law.
Uphold standards of practice, not years of litigation.
What do we call a legal practitioner upon graduation... Lawyer. Carry on.
I hope you forgive a social worker's two cents...
Best,
Gary
Gary Direnfeld, MSW, RSW
Interaction Consultants and I Promise Program Inc.
20 Suter Crescent,
Dundas, Ontario, Canada
L9H 6R5
(905) 628-4847
gary@xxxxxxxxxxxxxxxxxxxx
Parenting: www.yoursocialworker.com
Teen safe driving: www.ipromiseprogram.com
Gary Direnfeld is a social worker and expert on matters of family life. He is
in private practice (Interaction Consultants), writes and provides workshops
and is the developer of the "I Promise Program" - teen safe driving initiative.
Courts in Ontario, Canada, consider Gary an expert on child development,
parent-child relations, marital and family therapy, custody and access
recommendations, social work and an expert for the purpose of giving a critique
on a Section 112 (social work) report. His opinion helps resolve child custody
and access matters.
Gary's services include counselling, mediation, assessments, assessment
critiques and workshops. Search his name on GOOGLE.COM to view his many
articles or go directly to his website: www.yoursocialworker.com where you can
view his CV, read his many articles and view video clips of his many television
appearances.
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