reproduced with permission of the dallas alliance of collaborative family lawyers copyright 2004 the...

Reproduced with Permission of the Dallas Alliance of Collaborative Family Lawyers

Copyright 2004

The Collaborative Law Institute of Texas, Inc.

Presents

An Introduction to Collaborative Family Law

Collaborative Family Law

What is it?

Collaborative Family Law is a non-adversarial process focused on getting parties from dispute to resolution efficiently, and with as little financial and emotional damage as possible, while securing an agreement which addresses their true interests.

Three Defining Principles of Collaborative Law

1. Clients and attorneys agree in advance that they will not take any contested issue to court.

2. The process is “transparent.” Much of the work is done in four-way meetings with both clients and both lawyers present. Everyone agrees to an informal exchange of all relevant information.

3. Agreements are made through a process of “interest-based negotiation,” where everyone involved is encouraged to find creative solutions that satisfy everyone.

Top Ten Reasons

Why YOU should choose Collaborative Family Law

Reason TEN

There has to be a better way!

Compare Collaborative Family Law

with Litigation

Litigation can be demoralizing, dehumanizing, and destructive to families.

Litigation is a “Blame Game.”

Collaborative Law changes the focus from WHO is at fault, to HOW to SOLVE the problem.

Reason Nine

It would make Atticus Finch proud.

Our Experience Has Shown... Most divorcing couples are kind,

decent and intelligent folks who want to maintain their self-respect and dignity.

These are good people at the worst time in their lives. Often, they are not proud of their behavior.

They would like to feel that they have treated their spouse fairly, done what was best for their children, and amicably resolved their differences.

Reason Eight

Keep the dirty laundry in the bag!

Some things to like about Collaborative Law

Sensitive family issues remain confidential.

No public court appearances are required.

No personal psychological or financial records go into your court file.

Reason Seven

You get to tell the judge to leave you alone, and she has to!

We have found… Clients want to control their own destiny,

NOT have a third party decide what is best for them.

Typically, Collaborative Law clients are people who are used to controlling their lives and may not like having to do what others tell them to do, especially if it doesn’t make sense to them.

The Clients, not the court or the lawyers, control the process and outcome.

Reason Number SIX

You’re too busy to play Litigation Jeopardy.

Clients say… They want to be on their schedule, not a

judge’s schedule. They want to set their own deadlines for

meeting and gathering information. They want the information they gather to

be customized to their case, not generic. They want to take the time they need to

get through their divorce in their own way without court-imposed deadlines.

Our experience shows…

The average collaborative divorce is completed in 17 WEEKS; the average litigated divorce takes 17 MONTHS.

Reason Number Five The TRUTH is CHEAPER than

Fiction!

The truth is…

Paying two “hired gun” experts to come up with diametrically opposed opinions so the court can split the difference is wasteful for the clients.

Hiring neutral experts helps the parties arrive at an agreement using objective standards.

We have found…

Mental health professionals

CPAs and financial planners

Corporate, tax, and estate-planning attorneys

Business and real estate appraisers

The following neutral experts can be helpful:

Reason Number Four

A scorched earth is no place to live.

We understand…Being cross-examined by an attorney almost always assures that the parties will be enemies with each other and with the lawyers.

Clients prefer… Dealing with their

spouse and his or her lawyer in an informal, respectful setting.

The ability to talk in a group situation without fear that their words will come back to haunt them.

Collaborative Family Law Compared to Mediation

During caucus-style mediation, clients feel isolated and left out of the process.

Mediation often makes clients feel under pressure to settle in someone else’s time frame.

Collaborative Law allows clients to vent if they need to in a safe environment, and participate fully in the process.

Reason Number Three

One size does NOT fit all!

We know… The Texas Family Code

calls for “cook-book” rules for parental decision-making, visitation and child support that don’t consider individual circumstances.

Judges are strictly required to follow rules in dividing property that often don’t make sense for individual clients.

Collaborative Law encourages clients to be creative in meeting the needs of individuals based on their unique circumstances.

The Collaborative Law process provides clients with experience they can use in future problem-solving.

We have learned… Interest-based discussions

work better than positional bargaining.

Clients often find that they share more interests than they had realized.

Interest-based negotiation frees clients to work toward resolution that addresses everyone’s needs and often results in acts of generosity.

Reason Number Two

There’s no reason for formal discovery when everyone agrees to act in good faith.

We find that most clients… Know what they have and resent having

to prove what they already know through expensive discovery.

Can work together to gather the necessary information to resolve their case.

Want to spend their money on themselves and their children rather than on lawyers, so they’re willing to do homework.

All Collaborative Law clients and lawyers

commit to respond truthfully to inquiries, to provide relevant information to their spouse, and to correct mistakes made by either side.

Reason Number One

Money really doesn’t grow on trees!

We have found… Clients would rather

pay their lawyer for working than for waiting at the courthouse.

Clients actively participate in the Collaborative Law process, so they see how the lawyer earns the fee.

Collaborative Law cases cost significantly less than litigated cases.

Collaborative Law “adds value” to the client, so they feel they are getting their money’s worth when they pay for legal services.

Why we are Collaborative Professionals

Collaborative Law clients are happy clients. We want to make a positive difference in their lives.

We want to change the face of divorce in this world to one where everyone wins – the clients, the professionals, the children, and society.

Jennifer Tull, Austin Norma L. Trusch, Houston Richard C. Price, Fort Worth Deborah Slye Miller, Dallas John V. McShane, Dallas

Mike Gregory, Denton Kevin R. Fuller, Dallas Jennifer A. Broussard, Houston Thomas L. Ausley, Austin Leota H. Alexander, Dallas

Board of Trustees:Larry Hance, Dallas, PresidentDonald R. Royall, Houston, Vice PresidentHarry L. Tindall, Houston, Treasurer

Special thanks toDallas Alliance of Collaborative Family Lawyers

for the use of this presentation