Collaborative Law

Advisory Committee on Professional Ethics -- Opinion 699 -- Collaborative Law:

Subject to two very important qualifications, collaborative law practice is not inconsistent with the Rules of Professional Conduct:

(1) A lawyer should not agree to undertake a representation pursuant to the collaborative law process if the lawyer, based on the lawyer's knowledge and experience, and after being fully informed about the existing relationship between the parties, believes that there is a significant possibility that the collaborative process will fail; and

(2) Even if the limited representation meets “reasonable” standard of RPC 1.2(c), the lawyer must also disclose the potential risks and consequences of failure of the collaborative law process to the client, and the alternatives provided by other dispute resolution mechanisms such as mediation and traditional litigation with its risks and consequences, and thereby receive informed consent.

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