In a collaborative law case, I represent one party as their attorney of record, and the other party has a separate attorney of record who is also a collaborative law attorney. All four of us agree that the case shall be resolved entirely outside of the court system — through a step-by-step process — with no direct court involvement.
How It Works
The collaborative process moves forward through a structured series of meetings involving both parties and both attorneys. The goal at every stage is to reach a full agreement on all issues without going to court.
Often, other professionals are brought in to assist as needed — for example:
- A financial expert for valuation issues or tax advice
- A mental health professional as a coach for one or both parties
- A child specialist to help work through parenting plan or custody issues
Who It's Best For
I usually recommend the collaborative option for parties with substantial assets, or where one or both parties are more comfortable having their own attorney providing individual, private advice throughout the process.
There is an increasing number of family law attorneys who have completed collaborative law training, and the attorneys chosen by each party should ideally have had some training in this area — though it is not absolutely required, your success rate is increased when they have.
Cost Compared to Other Options
The costs you incur in a collaborative case are usually more than mediation but significantly less than a contested case. Given the privacy, the individualized representation, and the ability to bring in outside experts as needed, many clients find it to be the right balance for their situation.
Retainer
Unlike consulting or mediation, collaborative law cases do require a retainer. The retainer is held in a client trust account and withdrawn monthly based on time spent on your behalf. Any unused retainer is returned at the conclusion of the case. You may also designate a credit card for monthly charges if you maintain a sufficient credit line.
If the Process Is Terminated
In the event the case becomes contested and either party chooses to terminate the collaborative process, both parties would then hire different attorneys to represent them in the contested case. The collaborative attorneys are no longer involved at all. This is an important distinction to understand before beginning — the collaborative commitment is a mutual one.
Your Own Attorney. A Shared Goal.
Collaborative law gives you private legal representation while keeping the entire process out of court — combining the best of both worlds.
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