A number of years ago I represented a client in the negotiation and
drafting of an exceedingly complex premarital agreement (over 20
drafts were generated during the process). The parties are now headed
toward divorce. They have accumulated a substantial estate and have
been thus far working with an accountant in their negotiations. I have
been basically parked along the sidelines while they go over the
finances with the accountant. They have resolved a number of issues.
Some that have not resolved as of yet may involve interpretation of
the premarital agreement. Neither has nor intends to challenge its
basic validity. Putting its terms into effect, however, may result in
different view of its operation.
They have talked about using the collaborative process. He has not yet
hired an attorney, and I think that would not occur until they get
stuck in their negotiations. I have encouraged her to start the
collaborative process, and sooner rather than later. However, I am
wondering if it would be appropriate for me to act as her
collaborative lawyer as I was intimately involved in negotiations and
drafting of the premarital agreement, and would have an interest in
the outcome of the process other than strictly as her collaborative
divorce lawyer, since I am a percipient witness.
I would appreciate anyone's thoughts on this issue.
--
John M. McDaniel
Helon & Manfredo LLP
Attorneys at Law
735 West Alluvial Ave., No. 102
Fresno, CA 93711
559/226-4420
559/226-1524 (fax)
Certified as a Family Law Specialist
By the State Bar of California Board of
Legal Specialization
