This is a very interesting discussion. In Florida, we do not have designations
for collaborative professionals, but some of us have been discussing it. We
have a statute and rule of procedure that have made their way through The
Florida Bar and are in the process of being presented to the Florida
Legislature and Florida Supreme Court, respectively, for approval. One of the
proposed rules gives the Florida Supreme Court the ability to establish
standards. We anticipate that if the statute and rule are passed, that the
Supreme Court would be asked to establish standards for practice. I see a trend
toward certification, but that would take years to create. I have raised this
subject with MHPs already. I see them establishing some standards in their
profession, whether it be by statute, Administrative Code or on a national
level.
Robert J. Merlin, Esquire
Robert J. Merlin, P.A.
95 Merrick Way
Suite 420
Coral Gables, Florida 33134
Telephone: 305.448.1555
Telefax: 305.448.5337
Florida Bar Board Certified in Marital and Family Law
with Emphasis on Collaborative Family Law
www.merlinlaw.com<http://www.merlinlaw.com>
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From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On Behalf Of ;
carl Michael rossi
Sent: Saturday, January 22, 2011 1:46 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: Re: re[2]: [CollabLaw] Certifiable ??
Most practice groups talk about any 'training requirements' they may have only
in connection with membership requirements. Most clients are not likely to go
poking around for them. Nor does it seem to me appropriate that we leave it to
them to do so. I prefer the approach the IACP has and that we use at
Collaborative Practice Professionals of Illinois<http://cppillinois.com/> of
the member being able to include in his/her profile their own 'CV' or 'resume'
of CP and related training.
Actually, Doug, you and many others are mistaken. IACP does NOT require CP or
any other training to become a member. It does not even require licensure in
any profession.
http://www.collaborativepractice.com/_t.asp?T=MemberFAQs&M=9&MS=14&MSS=5&FAQ=1263405405#FAQAnswer
And I do agree with your simple approach to it. "I've been trained. And
here's where you will find others who have been trained."
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/>
Apply Collaborative Practice to many types of disputes. Training available
here<http://www.slideshare.net/carlMichaelrossi/flyer-abney>.
On Sat, Jan 22, 2011 at 12:33 PM, Sanderson, Douglas
<dsand@xxxxxxxxxxxxx<mailto:dsand@xxxxxxxxxxxxx>> wrote:
The person looks them up in their local practice group, which presumably has a
training requirement before one can join, or at the IACP, ditto (I think). I
simply tell people I've been trained, and how they can find their spouses other
trained attorneys for CL.
----
Douglas J. Sanderson
McCandlish & Lillard, P.C.
11350 Random Hills Road, Suite 500
Fairfax, Virginia 22030
Tel: 703-934-1122
Fax: 703-352-4300
www.mccandlaw.com<http://www.mccandlaw.com>
________________________________________
From: CollabLaw@xxxxxxxxxxxxxxx<mailto:CollabLaw@xxxxxxxxxxxxxxx>
[CollabLaw@xxxxxxxxxxxxxxx<mailto:CollabLaw@xxxxxxxxxxxxxxx>] On Behalf Of Gary
Direnfeld [gary@xxxxxxxxxxxxxxxxxxxx<mailto:gary@xxxxxxxxxxxxxxxxxxxx>]
Sent: Saturday, January 22, 2011 1:27 PM
To: CollabLaw Moderator
Subject: re[2]: [CollabLaw] Certifiable ??
OK, then how does one differentiate oneself from someone who has had some
training to engage in collaborative practice, versus the practitioner who
thinks anyone can do this stuff and says, "Yeah, I do collaborative law."
In other words, how is the person seeking a collaborative approach assured they
are working with a trained or qualified professional?
Gary Direnfeld, MSW, RSW
Interaction Consultants and I Promise Program Inc.
20 Suter Crescent,
Dundas, Ontario, Canada L9H 6R5
(905) 628-4847
gary@xxxxxxxxxxxxxxxxxxxx<mailto:gary@xxxxxxxxxxxxxxxxxxxx>
Parenting: www.yoursocialworker.com<http://www.yoursocialworker.com>
Teen safe driving: www.ipromiseprogram.com<http://www.ipromiseprogram.com>
Gary Direnfeld is a social worker and expert on matters of family life. Courts
in Ontario, Canada, have deemed 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.
Services include counselling, mediation, assessments, assessment critiques and
workshops. Go to his website to read his many articles and view clips of
television and radio appearances:
www.yoursocialworker.com<http://www.yoursocialworker.com>
Carl Michael:experience, and they knock your socks off with mad skills? How many times
New York has a similar rule and we are not allowed to hold ourselves out as
experts or specialists.
It makes me uncomfortable to think of myself as either an expert or a
specialist.
As a collaborative lawyer, I do not represent clients in court.
Attending trainings and doing a lot of cases (hopefully well) still gives me
only the same opportunity to do the next case as everyone else. How many
times have you worked with collaborators that have less
Best,
Dave Murch
Rochester, NY January 22nd, 2011
---- carl Michael rossi cpchicago@xxxxxxxxx<mailto:cpchicago@xxxxxxxxx>> wrote:
So I'm curious, do any of you use the term 'certified' or something
similar in describing yourself to the public as a Collaborative Practice
Professional?
What other descriptions do people use in connection with "I engage in
Collaborative Practice"?
Do any practice groups out there state that they are 'certifying' their
members in Collaborative Practice? Any trainers? I know that most trainers
provide a 'certificate of attendance', are any seeing that as a
'Certification' of the attendee?
Are there ethics or other rules in your jurisdiction regarding such a
claim?
And, of course the hard one, are there any 'actions' that have been taken
by anyone in connection with such a claim by a professional to suggest s/he
might clarify or adjust their statement?
thoughts? comments? Is this only a 'lawyer' issue?
I ask because it seems to me I'm seeing an increase in the number of
professionals who are stating that they are 'Certified' or are
'Specialists' in Collaborative Practice. [As moderator here, and as E.D. of
our practice group, I get to look at a lot of CP websites. Indeed I saw one
the other day that claimed the professional was *'Certified' by the
International Academy of Collaborative Professionals*....this came as 'news'
to me!]
Maybe it depends on the jurisdiction?
But I've even seen such claims here in Illinois where the rule prohibiting
such a statement is pretty clear:
* RULE 7.4: COMMUNICATION OF FIELDS OF PRACTICE AND SPECIALIZATION*
(2) the reference must state that the Supreme Court of Illinois does not
recognize certifications of specialties in the practice of law and that the
certificate, award or recognition is not a requirement to practice law in
Illinois.
(a) A lawyer may communicate the fact that the lawyer does or does not
practice in particular fields of law.
(b) *The Supreme Court of Illinois does not recognize certifications of
specialties in the practice of law, nor does it recognize certifications of
expertise in any phase of the practice of law by any agency, governmental or
private, or by any group, organization or association.* A lawyer admitted to
engage in patent practice before the United States Patent and Trademark
Office may use the designation "Patent Attorney" or a substantially similar
designation.
(c) Except when identifying certificates, awards or recognitions issued to
him or her by an agency or organization, *a lawyer may not use the terms
"certified,'' "specialist,'' "expert,'' or any other, similar terms to
describe his qualifications as a lawyer or his qualifications in any
subspecialty of the law*. If such terms are used to identify any
certificates, awards or recognitions issued by any agency, governmental or
private, or by any group, organization or association, the reference must
meet the following requirements:
(1) the reference must be truthful and verifiable and may not be
misleading in violation of Rule 7.1;
(2) *the reference must state that the Supreme Court of Illinois does not
recognize certifications of specialties* in the practice of law and that the
certificate, award or recognition is not a requirement to practice law in
Illinois.
[7.1 states:
A lawyer shall not make a false or misleading communication about the lawyer
or the lawyer’s services. A communication is false or misleading if it
contains a material misrepresentation of fact or law, or omits a fact
necessary to make the statement considered as a whole not materially
misleading.
[1] This Rule governs all communications about a lawyer’s services,
including advertising permitted by Rule 7.2. Whatever means are used to make
known a lawyer’s services, statements about them must be truthful.
[2] Truthful statements that are misleading are also prohibited by
this Rule. A truthful statement is misleading if it omits a fact necessary
to make the lawyer’s communication considered as a whole not materially
misleading. A truthful statement is also misleading if there is a
substantial likelihood that it will lead a reasonable person to formulate a
specific conclusion about the lawyer or the lawyer’s services for which
there is no reasonable factual foundation.]
*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* cMr@xxxxxxxxxxxxx>
*www.CPChicago.net<http://www.CPChicago.net> http://www.cpchicago.net/>*
Executive Director, *Collaborative Practice Professionals of
Illinois*http://cppillinois.com/>
*Apply Collaborative Practice to many types of disputes. Training available
here http://www.slideshare.net/carlMichaelrossi/flyer-abney>.*
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