Monday, September 15, 2014

Advantages of Using an Experienced Collaborative Law Attorney


There are getting to be a number of trained Collaborative Law attorneys in Texas and other places.  That's good because it gives clients more to choose from.  On the flip-side, it's sometimes hard for a party to figure out who to hire to help them through the process.

In a previous post, I wrote about how to choose an experienced Collaborative attorney.  Here are some reasons why you should want to hire an attorney with good Collaborative experience.

  • Experienced attorneys start to recognize and understand different personality types.  This helps them in dealing with the parties in a case.  
  • Attorneys with extensive Collaborative experience naturally have experience and confidence in the other team members.  Over time, Collaborative attorneys tend to work with the same attorneys and other professionals in different cases -- not in every case, but often.  That helps the professionals trust each other and work together effectively.
  • With experience, attorneys become able to recognize problems early on.  They can then work with the other professionals to stop problems before them get too big.
  • After a while, experienced attorneys begin to learn effective ways to resolve stand-offs.  Occasionally, parties will start to get stuck in negotiating and they would have a hard time working out a solution without the attorneys and other professionals.  Experienced Collaborative attorneys have often seen such problems before and usually can help the parties work their way out of the difficulty. 
  • Experienced Collaborative attorneys are more understanding of their own clients.  The attorneys are often more sensitive to the feelings and concerns and can more readily help their clients when they start to get down or upset. 
If you are considering trying a Collaborative divorce, you should carefully examine the experience and training of the attorneys who practice Collaborative Law.  Getting one who is very experienced will pay off in the long run.

Monday, September 1, 2014

How to Tell Whether an Attorney is Experienced in Collaborative Law



As more people decide to give Collaborative a try in resolving their family law issues, clients are faced with having to choose among a number of attorneys who say they practice Collaborative Law.  Naturally, some attorneys have more Collaborative experience than other attorneys.

For the record, there is no "certification" for Collaborative Law in Texas.  If you see a claim that someone is "certified" in Collaborative Law in Texas, that attorney or other professional does not know what they are talking about.  You should look elsewhere for your representation.

In a later post, I will explain the advantages of using an experienced Collaborative attorney.  For now, I want to explain how to tell whether the attorney has good Collaborative experience.

Here are some things to look for:

1. Active work in Collaborative Law for a number of years. Someone who just got trained in the last year or two may be a good Collaborator, but would probably be better with experience. There's no substitute for having handled a lot of cases. This also shows a commitment to using the process.

2. Extensive training.  All Collaborative lawyers should have an initial two-day training to get the basics down.  Afterwards, attorneys should get training about every year.  There is no legal requirement for that, but training matters and getting advanced training helps with skills.

3. Speaking at public or training events.  This is another clue about who is keeping up to date and who knows about the field.  You can usually find this on web sites.

4. Leadership.  Someone who has acted as a leader in Collaborative Law groups and activities shows commitment to the use and expansion of the process.

5. Being a though leader.  Someone who writes about Collaborative Law usually understands the process, the problems, strategies and solutions.  Prospective clients also can read what has been written and decide if they like the attitude and approaches of the writer.

Looking for these signs will help you identify whether an attorney is an experienced Collaborative attorney.