Comment: I would guess that the six tips appearing on the website do
apply in litigated matters, e.g. high conflict divorces, and family law
matters that involve domestic violence, for example. By way of
comparison, the collaborative practice educates the client to rely upon
members of a team as well as the attorney, that is, (the accountant, the
family therapist, etc).
So I would refrain from going too far in the other direction, viz:
"I'm your collaborative lawyer, your FRIEND, and we're in this thing
TOGETHER". (To a certain extent, that may be the ideal, but...)
As I see it, the chief saving grace is the client's understanding of the
agreements that are made at the onset of representation.
In the Illinois statute, the lawmakers have written a series of
expectations to be handed out to divorce clients by their lawyers as to
what to expect from the attorney client-relationship called a "Statement
of Rights and Responsibilities". This is a way of being proactive about
maintaining a good relationship between the lawyer and client in a
divorce matter.
Barry C. Boykin
Chicago Legal Clinic
Austin Circle Law Center
118 N. Central Avenue
Chicago, IL. 60644-3199
(773) 854-1610
(773) 287-0059
-----Original Message-----
From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On
Behalf Of carl Michael rossi
Sent: Wednesday, January 05, 2011 9:33 AM
To: CollabLaw@xxxxxxxxxxxxxxx; cppil@xxxxxxxxxxxxxxx
Subject: [CollabLaw] you are ALONE and I am IN CHARGE... - Bayesian
Filter detected spam
That's what I make of this set of 'tips' for clients about their
relationship with their divorce lawyer that I came upon on the web. I'm
not using any links because I'm not interested in bashing litigation,
ever. And certainly don't wish to disparage this attorney. The site
does not suggest that they do anything other than litigation, and In a
litigated case, I might well agree with these tips. [that is, back when
I did litigation at all]
Yet I found the tips a sad reminder. I could spend the rest of the day
doing interlinear comments, but maybe they're too obvious....
AND I wonder what a set of six tips for working with your COLLABORATIVE
lawyer might be??? Thoughts?
If you've never been through a divorce before, or never had reason to
seek legal counsel in some other matter, then you probably are in the
dark on what to expect with your new, intense relationship with your
family law attorney. Here are a few pointers to help guide you.
Tip #1 - Your attorney is not your best "go to" friend. First and
foremost, the attorney-client relationship is born of necessity and
there is definitely difficult work to be done. You will be sharing
information with your divorce attorney that you probably never expected
to share with anyone, ever. You will be discussing matters of a highly
personal nature. Don't confuse your attorney's genuine interest as your
legal advocate with being your best friend.
Tip #2 - Resist the temptation to talk. Resist the temptation to
disclose confidences to your friends about your case. It may feel like a
release at the time, but you may seriously undermine your case in doing
so. Your communications with your attorney are privileged and
confidential. You should not share those privileged communications with
anyone else, and certainly not with the opposing party.
Tip #3 - Your attorney is not your therapist. The end of a marriage is
often grieved over, as a real painful loss. If you feel the need to talk
to someone, to unload and release some pent-up emotion, consult with
your therapist. Family law cases can be intense, and you may need to
decompress and talk with someone about your feelings and troubles. When
you choose to unload during your sessions with your attorney, the
attorney fees will go up, a lot. When you meet with your attorney, try
to stay focused and reasoned. Attorney's typically bill by the hour, if
you want to talk about something irrelevant with your $350/hour
attorney, then accept the consequences of a very substantial bill at the
end of the month.
Tip #4 - Make sure you understand your attorney's legal strategy. Your
attorney should have a fairly solid plan for your case. Legal strategies
may shift as your case develops, but your attorney should keep you
apprised of what is going on, and when, and why. There are a lot of
procedural aspects and details that your attorney will handle directly.
However, you should understand the strengths and weaknesses of your
case. And your attorney should provide you with a roadmap to navigate
through what can be a very lengthy, stressful, and confusing process.
Tip #5 - Do as your attorney tells you. If your attorney tells you to
complete a 15-page form with over 100 questions about your finances, and
to submit it to the law office within 30 days, then get the job done,
preferably early so your attorney can get to work on it. Don't
procrastinate and don't work half-heartedly. Be thorough, do as you are
told, and turn it over to your attorney. Don't make the law office ask
repeatedly for the same information before you take the matter
seriously. Every time your attorney has to follow up and contact you
about delivering what you were already told to deliver, you spend more
in legal fees.
Tip #6 - Don't let your attorney leave you behind. Family law cases seem
to take forever to get through, and if there are minor children
involved, child custody and parenting time issues will likely go on long
after the divorce is final. If you feel your case is languishing, and
progress is slow or even nonexistent, speak with your attorney regarding
your concerns. You may need to adjust your expectations regarding the
speed at which your case can be resolved. However, if there are only
more delays and no action, then consider whether your attorney has
become less enthusiastic about your case for a reason. And if so, why?
If the relationship has soured between you and your attorney to the
point where your case may be affected, then it may be time to seek new
counsel.
If you are considering filing for divorce in ___, or have legal issues
concerning property division, child custody, or alimony, our family law
attorneys have the experience you can rely on. From prenuptial
agreements through judgment modifications, you can put your trust in the
Law Offices of _____.
InJoy!
cMr
Collaborative Practice Chicago
Divorce Without Warfare
carl Michael rossi, M.A. J.D., L.P.C.
Attorney, Mediator, Coach, Counselor
773-292-3456
cMr@xxxxxxxxxxxxx <mailto:cMr@xxxxxxxxxxxxx>
www.CPChicago.net <http://www.cpchicago.net/>
Executive Director, Collaborative Practice Professionals of Illinois
<http://cppillinois.com/>
