Re: [CollabLaw] who does a client hire: indiv attny or firm?
- From: "Pauline H. Tesler" <pht@xxxxxxxxxx>
- To: CollabLaw@xxxxxxxxxxxxxxx
- Date: Fri, 27 Jul 2001 12:54:05 -0700
Hello from pauline tesler. I'll put my thoughts in caps below:
----- Original Message -----
From: dzomper <dzomper@xxxxxxx>
To: <CollabLaw@xxxxxxxxxxxxxxx>
Sent: Friday, July 27, 2001 7:39 AM
Subject: [CollabLaw] who does a client hire: indiv attny or firm?
Good Morning Everyone:
I have several questions for anyone interested in responding:
1. If a lawyer in a "Firm" signs a collaborative agreement in a case, is
it
kosher for that lawyer to
a.) have an associate or partner fill in at a 4-way meeting for example if
the
signed attorney is unavailable?
I DON'T SEE ANY PROHIBITION FROM THE POINT OF VIEW OF THE ESSENCE OF C.L.
TO SEND IN A RELIEF PLAYER FROM THE BENCH, BUT I THINK IT IS NOT A GOOD
IDEA, BECAUSE TO DO HIGHEST QUALITY WORK COLLABORATIVELY, YOU, YOUR CLIENT
AND THE OTHER PARTICIPANTS ARE DEVELOPING A UNIQUELY PERSONAL WORKING TEAM
TOGETHER AND YOU ARE UNDERMINING THAT CONCEPT IF YOU TREAT YOURSELF AS
FUNGIBLE. THE POINT ISN'T TO HAVE THE MEETING TAKE PLACE, IT IS TO FORM AN
INCREASINGLY EFFECTIVE PROBLEM-SOLVING TEAM WITH EACH MEETING THAT TAKES
PLACE. SUBSTITUTES UNDERMINE THAT, RATHER THAN BUILDING THAT, AND COULD
EASILY SINK YOUR CASE.
b.) if the CL process busts out, can another attorney in the "FIRM"
become
trial counsel? What about an attorney that the CL attorney office shares
with?
ALL THE PARTICIPATION DOCUMENTS I'VE SEEN MAKE IT CLEAR THAT EVERYONE IN
YOUR FIRM IS DISQUALIFIED ONCE THE CASE IS A CL CASE. AS TO THE SECOND
SITUATION, I WOULD MAKE THIS DECISION CO-EXTENSIVE WITH HOW YOU WOULD
APPROACH A CONFLICTS SITUATION: IF THE OFFICE-SHARING PERSON COULD
ETHICALLY REPRESENT THE ADVERSE PARTY THEN THEY CAN REPRESENT YOUR CLIENT,
AND IF NOT, THEN NOT.
2. Who is using a multi-discipline team approach in their cases from the
beginning of the case? How is this working? There seems to be two
strains of
CL forming in the country, possibly with lots of crossover?
I DO NOT SEE TWO STRAINS OF CL. THERE IS REALLY ONLY ONE CL. WHETHER WE
TRAIN IN A CROSS-DISCIPLINARY MODEL OR A LAWYERS-ONLY MODEL WE ARE TEACHING
PRECISELY THE SAME LAWYERS' SKILLS AND CONCEPTS. IT IS AN EXTRA GIFT FOR
YOURSELVES AND YOUR CLIENTS IF THERE IS ALSO THE COLLABORATIVE DIVORCE
CROSS-DISCIPLINARY RESOURCE AVAILABLE, BECAUSE IT EXPANDS THE SPECTRUM OF
CLIENTS WHO CAN BE GOOD CANDIDATES FOR COLLABORATIVE LEGAL REPRESENTATION,
AND WORKING WITH THE TEAM REQUIRES EXTRA SKILLS THAT DOING COLLABORATIVE LAW
ALONE DOES NOT DEMAND, BUT THE LAWYERING ITSELF IS NOT DIFFERENT, JUST
EASIER, WITH A TEAM RESOURCE AVAILABLE.
your thoughts and experience are welcome.
Dianne Zomper
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