Barbara L. Kessler
Attorney and Mediator
Kessler, Mullkoff & Hooberman
402 W. Liberty
Ann Arbor, Michigan 48103
734-761-8585
734-761-6166 fax
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From: CollabLaw@xxxxxxxxxxxxxxx [mailto:CollabLaw@xxxxxxxxxxxxxxx] On
Behalf Of desonier3d
Sent: Thursday, August 18, 2005 1:34 PM
To: CollabLaw@xxxxxxxxxxxxxxx
Subject: [CollabLaw] ESCAPE CLAUSE IN PARTICIPATION AGREEMENT?
I am in the process of finalizing a chapter on Collaborative Family Law
for a Family Law
Desk Book published statewide in Washington State. The editor of the
chapter has
expressed deep concerns around emergency situations where, for example,
collaborative
process falls apart because, say, Attorney "A" is fired. Spouse hires
Litigator who
immediately (in violation of 30 day moratorium window) files a motion in
family court.
Attorney "B" can't find a Litigator in time to respond to said motion.
Aside from option of Attorney "B" going to court on behalf of client and
arguing for
continuance as per Participation Agremeent, editor is pressing for me to
be open to
suggesting escape clause that allows collaborative attorney to go to
court in these
situations. Editor also wants to run the whole question of the ethics of
automatic
withdrawal of attorney, no exceptions, by Bar Association Disciplinary
Counsel.
QUESTION: Have any of you adopted such an escape clause, say::"... the
Parties mutually
acknowledge that both lawyers will be disqualified from representing
them in a contested
court proceeding against the other spouse, absent emergency
circumstances and then
only when a client cannot timely obtain litigation counsel, and only
until litigation counsel
can be obtained."
I would appreciate any feedback you can give me!!!!!
Don Desonier
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