How to Pick a Collaborative Attorney

If you have decided that you want to use Collaborative Law for your divorce, you will need to hire a Collaborative attorney. That's not necessarily an easy step because not all attorneys are trained in Collaborative Law.  You want to make sure you start off with a trained, experienced Collaborative lawyer.

Here are some quick keys for how to find and hire a Collaborative attorney.

1.  Make sure the attorney is actually trained in Collaborative Law.  An attorney, and the other professionals involved, actually need to have attended at least a two-day "basic training".  Some attorneys will try to claim that they can handle the case without it, but they will not do a good job for you.  In addition, the attorney should regularly attend trainings to continually update their skills.  From my observations over more than 10 years of Collaborative work, it is clear that the practice has evolved and changed over the time.  Attorneys need to keep up with new ideas.

2.  If an attorney tries to talk you out of Collaborative Law right off the bat, get a second opinion.  Unfortunately, there seem to be a lot of "bait and switch" attorneys who advertise that they handle Collaborative cases even though they usually haven't been trained. If someone comes in and wants to use Collaborative Law, the attorney immediately starts telling them all the reasons why it would be inappropriate.  If you get that treatment, get a second opinion.

3.  Ask about the attorney's experience in Collaborative Law cases.  Ask how long they have done Collaborative work.  Ask them to tell you some stories about how they got some good outcomes from it.  Ask what they like about Collaborative Law.  An experienced attorney can easily answer those questions.  A bait and switch attorney can't.

4.  Location.  Generally, you need a local attorney, from the county where you reside.  If there aren't many Collaborative attorneys in your county, check for an adjacent county.  Don't worry about where the attorney's office is.  I've had cases where all the meetings were at my office, some where all the meetings were at the other attorney's office, some were all at a neutral site and some were at a financial professional's office.  The location is always set up for the convenience of the parties.

5.  Good chemistry.  This is the intangible.  Make sure you have a good feeling about the attorney.  Trust your gut on whether this is the right attorney for you.

If you follow through with these suggestions, you should end up with a good Collaborative lawyer and hopefully a more peaceful divorce experience.

How to Get Information about Fort Worth Collaborative Lawyers

Let's say you have heard a little about Collaborative Law and you want to find out more because you are about to start on a divorce.  If you live or work in Fort Worth, Texas, you may want to find a Collaborative lawyer in or near Fort Worth to talk with. 

Most people find family lawyers by getting a referral from a friend, relative, lawyer or other professional, or by searching on the Internet, or by both methods.

One of the questions you will need to answer is whether location is important to you.  Most people don't want someone far away from where they live or work, but location is not always a big consideration.  

In Collaborative cases, we have a series of joint meetings as we work through a case.  The meetings often alternate between the two attorneys' offices, but I have also had cases where most of the meetings have occurred in just one of the attorneys' office or in the neutral financial professional's office. We tend to use the location that is most convenient for our clients.  That means that location is not always a big factor, although it is something to consider.

So, how do you find a Collaborative attorney for your case?  Location is one issue. Recommendations are very important.  Information on qualifications and experience that is available online is important.  But ultimately, your chemistry with the attorney is probably the most important factor. 

You need to meet with the attorney in person and talk strategy, experience, communication, and any issues that are really important to you.   Information about the other factors may get you in the door of the attorney's office, but chemistry determines whether you stay.  Your attorney needs to really understand your objectives and needs.  Be leery of an attorney who starts to take over the case and tell you what you want and need.

Chemistry is also an important factor for both the attorney as well.  Like many other attorneys, I don't take on representation of just everyone who comes in.  That would be a disservice to the client.  The attorney needs to feel a connection, just like the client needs the connection, trust and confidence with the attorney's ability to handle the case in an appropriate way. 

If you are hiring an attorney, be sure you feel right about the choice and don't just settle for what others have told you to do.  You will be much better in the long run.

What if the Lawyer Tries to Talk You Out of Using Collaborative Law?

Answer: Check qualifications and experience and then get a second opinion.

It's true that not every case is appropriate for Collaborative Law, and the process may be overkill if virtually everything is already agreed at the outset, but when you visit with an attorney about representing you, the attorney should almost always explain at least a little about Collaborative Law. There is a range of options available to resolve legal disputes and Collaborative Law is often the best choice.

For some situations, Collaborative is not an appropriate option. If a party is mentally ill or has untreated drug or alcohol issues or has unrealistic expectations, the process may not work out well. If treatment has been received and the treatment plan is being followed, the professionals can make a judgment call about whether Collaborative may work. There may be legitimate reasons why Collaborative Law is not recommended. Even though I firmly believe in and encourage the use of Collaborative Law in virtually every case I consider, I have told clients that it might not work in their case, based on some of the concerns mentioned. In addition, if there is already an attorney on the other side of the case and that attorney is not a Collaborative attorney, then it is virtually impossible to use the Collaborative process.

Unfortunately, however, it appears that sometimes attorneys advertise that they believe in, and practice, Collaborative Law, when they really don't like it. Generally, those attorneys have not been to a two-day basic training. They may have attended one or two short talks about Collaborative Law, but they haven't had the extensive training needed to "get it". They realize that more and more clients are educating themselves about various divorce processes and have become aware of Collaborative Law. Some attorneys have just a superficial knowledge of Collaborative Law and use that to dissuade clients from using the process.

If you go see an attorney about a divorce, for example, and you ask about the possibility of using Collaborative Law, and then the attorney immediately starts telling you why you can't or shouldn't use the process, or why it wouldn't work in your case, you should do two things. First, ask the attorney to tell you about all the Collaborative Law training he or she has completed and about the number of cases he or she has completed in the Collaborative process*. Second, go get a second opinion from another Collaborative attorney to find out if the second attorney agrees.

*Good answers:

• At least a two-day basic training, followed by at least one seminar or conference a year sponsored by the Collaborative Law Institute of Texas or by a local practice group.
• At least 3 or 4 cases completed, or better yet, 20 to 30 or more. An attorney experienced in Collaborative Law can make good judgments about the suitability of cases for Collaborative Law.

Parties seeking legal representation in family law matters deserve qualified and fair legal advice about their options. If you have any doubts about the advice you have received, please ask the attorney about his/her education and experience in Collaborative Law and then get a second opinion to protect yourself.

How to Find the Best Collaborative Lawyer in Tarrant County (or anywhere!)

For some of us, our competitive nature won't give up, even if we decide to participate in the Collaborative process. That nature shows itself when someone commits to doing a Collaborative divorce, and then begins to search for "the best Collaborative lawyer" in Tarrant County, or wherever they live. If that's what you're looking for, I have bad news and good news for you. The bad news is that it's hard to really tell who "the best" is. The good news is that almost all Collaborative lawyers are really good at what we do, and in addition, we can all get help by using mental health professionals and financial professionals. Let me elaborate.

First, the bad news: It's hard to tell which Collaborative attorneys will be the best. Just like in litigation, there's no overall objective ranking service to indicate who's the best. The truth is that an excellent Collaborative attorney may be a great match for you, but not work out well for your friend or neighbor or relative. The opposite is also true. An attorney who is great for someone else may not work out well for you. It really comes down to chemistry.

There are several things you can do to find a Collaborative attorney who would work well with you.

• Ask about their experience. Attorneys can tell you about the number of cases they have handled and they can tell you whether they have worked cases with issues similar to yours.
• Find out how much training the attorney has had, and whether they have recently had training. Collaborative Law is such a new process that attorneys need a lot of training and need to refresh their Collaborative training at least once a year.
• Another indicator to check on is whether the attorney has trained other attorneys in Collaborative Law or spoken to different groups about it.
• Ask the attorney to explain how the Collaborative process works. The attorney should be able to clearly explain the process and discuss how your issues could be resolved with the process.
• Make sure the attorney's communication style is comfortable for you. Everyone has their own communication needs and style. Divorce is a stressful enough time just by itself. Be sure that you feel good and feel listened to when you talk with your attorney.
• Recommendations from friends, attorneys and other professionals can be helpful as a starting point -- just be careful to consider the comments above and evaluate each attorney.
• You and your spouse do not need to hire an attorney just because that attorney is in the same practice group with the first attorney selected. All attorneys in Tarrant County represent clients from all over the county, so you can choose anyone you wish.

Now, the good news: we've got backup. In Tarrant County, there are many well trained Collaborative attorneys and almost all Collaborative divorces are worked as a team effort. We have learned over the years that the process works much better when we bring in a mental health specialist and a financial specialist at the beginning. The mental health professional meets with the parties before the first joint meeting and that helps the parties know what to expect. It also helps all the professionals learn about the issues that are important to both sides.

Also, don't worry if both the attorneys don't have the same level of experience in the Collaborative process. As long as both attorneys have at least a two-day basic training and some recent training, there should be no problem. Part of the Participation Agreement that both the parties and their attorneys sign at the outset says that neither party will take advantage of each other or hide information or fail to openly and honestly cooperate. (There's no such agreement in litigated cases.) That means that if an attorney made a mistake in the case, the other attorney would help the first attorney correct it. As long as at least one attorney is experienced, the Collaborative process should work out.

The bottom line: There is no need to find the single best Collaborative attorney, which is lucky because there's no way to determine who is the best. But there are number of things that parties can check out about prospective attorneys when deciding who to hire. In the end, chemistry may be the most important ingredient in choosing the right Collaborative attorney for you. Pay attention to your gut feeling and how well the attorney communicates with you. Trust your attorney, but also take advantage of the other professionals involved in your case. They all want you to be successful.

What Does a Collaborative Lawyer Do? -- Part 1

In much of Texas, and especially in Fort Worth and Tarrant County, Collaborative cases are handled by lawyers who use the team approach. Collaborative lawyers are usually the entry point for parties who want to use the Collaborative process to settle their divorce or other family law matter. The lawyers explain the process to prospective clients. If the client is accepted for representation by a Collaborative lawyer, the lawyer usually will help the client provide enough information for the spouse to decide whether to proceed Collaboratively. If both parties end up with Collaborative attorneys, the attorneys normally will decide which neutral mental health professional to bring in to help the parties with communication issues. They also decide on a neutral financial advisor for the parties.

With all that help, some people might wonder if they really need a lawyer, and if they do use a lawyer, what role the lawyer would play in the case. Here are some of the ways Collaborative lawyers work with their clients.

1. Provide explanations of the law. The attorney will review and discuss applicable law with his or her client to make sure the client has any necessary information about Texas law. The parties are not limited to what the law provides, but sometimes the Family Code provides a good starting point. In addition, the attorney may be able to correct some mistaken information about Texas law and that can help the parties start with common ground. Sometimes it is also helpful to learn about the laws or other states and the federal government. That can help generate ideas for solutions.

2. Help you formulate your goals -- dig below the surface. The goals are extremely important to the Collaborative process. Identifying goals forces each party to think about the future and decide what will really be important to them. Goals provide a target and focus for the decision-making process that is followed in Collaborative Law. Sometimes an attorney must push a party to really explain why some action is beneficial and that helps the person clarify his or her thoughts about an issue so that the right things are pursued. The goals need to be high level, but somewhat specific objectives. Goals can be revised after the process is underway, but it really helps to make a strong effort at the outset to establish meaningful statements of goals.

3. Prepare you for meetings. Meetings are not spontaneous. They take place at scheduled times and places and follow a set agenda. The lawyers each tell their client about what is expected to happen. Knowing the subject matter in advance allows the parties to think through most of the issues they will be facing. Plans can be made for dealing with tough issues. Questions can be asked and answered privately. We follow a pretty regular format for resolving issues and the attorney can explain where we are in the process. Understanding what is going on helps create a safe and productive atmosphere for problem solving.

4. Review what happened at the meetings. After each joint meeting, the attorneys meet with their clients separately and review what went on at the meeting. The lawyers want feedback about how the meeting worked out for their clients. The attorneys can answer questions and explain how the process is working out, from the lawyers' perspective. Sensitive issues for both sides can be identified and strategies worked out for dealing with them. If something has been overlooked or not dealt with satisfactorily, the issue can been added to the next joint meeting agenda.

5. Work with the other professionals between meetings. It is sometimes necessary for all the professionals to have discussions between the joint meetings if there are any crises or significant questions that have arisen. They sometimes meet in person, talk by conference call or use email. They almost always meet before and after each joint meeting and will communicate as needed between the meetings. All of that discussion helps prevent surprises and make the meetings much more productive.

For attorneys in Collaborative cases, their roles are different from the way they operate in litigated cases, but the assistance is crucial in helping the parties reach an agreement. The next posting will add 5 more things attorneys do in Collaborative Law cases.

5 Tips for Choosing the Right Collaborative Law Attorney

I and others have written about how to find a lawyer for a litigated family law case. There are many good suggestions in that context that could also apply in a Collaborative case. There are some different considerations and qualifications relating to Collaborative Law. Here are 5 tips to help you locate a quality Collaborative Lawyer in Tarrant County, TX.

• Make sure the attorney is qualified and experienced in Collaborative Law. Find out if the attorney is a board-certified specialist in family law. Look at the attorney's web site and any directories he/she may be on. You can also check the State Bar of Texas web site for information about an attorney, but an even better source is the web site of the Collaborative Law Institute of Texas. Most experienced Collaborative attorneys are members of the organization and there is a long page of background information about most members on the web site. You can call and ask about the types and number of Collaborative cases the attorney has handled, or you ask questions in person, when you meet with the attorney.

• On a related subject, make sure the attorney has had plenty of training in Collaborative Law. It is so different from litigation that attorneys must be re-programmed so they can act appropriately and manage meetings. Attorneys do well if they have some training each year and have had some recently. All attorneys should have had at least one 2-day basic course in Collaborative Law. When meeting with a prospective attorney, feel free to ask about the attorney's training.

• You want the attorney to be comfortable and competent in working with financial and mental health professionals. My experience has been that bringing in the two other professionals increases the probability of success and makes the process work better for the parties.

• The attorney should be active in his/her field. There are several groups that can be joined, such as local practice groups, CLI-Texas (the statewide organization) and IACP, an international organization of Collaborators.

• Last, but certainly not least, you should decide (after personally meeting with the prospective attorney) whether the chemistry between the attorney and you seems good. You will be having a number of joint meetings and even more short meetings with just your attorney. Make sure that the relationship seems right. Go with your gut feeling.

The way to find a good Collaborative Lawyer for yourself is to mix some common sense, follow general advice about hiring an attorney (get referrals, check similar experience, etc.) and then look for the specialized qualifications that outlined above. Good luck!

Can We Use Just One Lawyer for Both of Us?

In a word, NO!

There are several reasons why both parties can't use the same lawyer.

1. It is unethical in Texas for an attorney to give legal advice to two opposing parties in a dispute. An attorney will not risk his or her license to do that. Even if that were not the case, each party would still need a separate attorney.

2. The definition of Collaborative Law in the Texas statute, and the way Collaborative Law is practiced elsewhere, provides for each party to be represented by his or her own attorney. It is mandatory. If the parties want to negotiate and if one or both parties decide to proceed without an attorney, they can attempt to reach an agreement, but it would not be the Collaborative process.

3. Even if attorneys were not mandatory, there are good reasons for each party to hire one. Attorneys benefit their clients by performing the following services:

• Advise the client on various issues, such as what a judge or the law might do in a given situation. Give some practical advice from experience in divorce or other family law matters.

• Educate the client on how things work in the legal or family systems.

• Motivate the client to keep working on a settlement, even when the going gets tough, which happens in many Collaborative cases. Remind the client about how bad the alternatives can be.

• Do the paperwork. Someone has to file the original petition for divorce, notify the court that the parties have agreed to use Collaborative procedure and file periodic reports with the court. Once agreement is reached, it will be necessary to do the final papers.

• Be an advocate for the client, but in a different way than is common in litigation. In a Collaborative case, the parties do most of the talking at the joint meetings. Attorneys can provide some information and suggestions, but rarely speak for the client the same as they would if they were appearing in court or participating in settlement or mediation negotiations. Attorneys deal with the other professionals outside the meeting and help prepare the client for Collaboration.

• Work with the other professionals. The attorney will help set up the process, organize and frame the issues and meet with the other professionals before and after the joint meetings.

• Attorneys also help their clients stay connected to reality as they work through the Collaborative Law process. Sometimes parties can become unrealistic in their expectations of how the process will work. Some people start out thinking about how easy the process will be and then become upset if it slows down. Attorneys can remind the parties about the various problems that may come up, so there are few surprises.

• Attorneys also help maintain a balance of power between the sessions. If only one party had an attorney, the other party might feel intimidated and certainly would lack the information and understanding needed to have fairly equal parties.

You can handle your own divorce without a lawyer in Texas, if you prefer, but it just can't be a Collaborative divorce. Each party must be represented by a separate attorney for the Collaborative approach to be used and to get a better result for both parties.