Bibliographic Details

Collaborative law : achieving effective resolution in divorce without litigation / Pauline H. Tesler.

Author / Creator Tesler, Pauline H., 1942- author.
Edition Third edition.
Imprint Chicago, Illinois : American Bar Association, Section of Family Law, ©2016.
Description xlv, 431 pages : illustrations, forms ; 26 cm
Language English
Subject Divorce suits -- United States.
Compromise (Law) -- United States.
Dispute resolution (Law) -- United States.
Attorney and client -- United States.
Attorney and client.
Compromise (Law)
Dispute resolution (Law)
Divorce suits.
United States.
Format Print, Book
URL for this record http://pi.lib.uchicago.edu/1001/cat/bib/10875507
Other authors / contributors American Bar Association. Section of Family Law, sponsoring body.
ISBN 9781634254700 (pbk.)
1634254708 (pbk.)
Notes Includes bibliographical references (pages 387-394) and index.
Table of Contents:
  • List of Tables
  • List of Sidebars
  • About the Author
  • Preface to the Third Edition
  • Foreword to the Second Edition
  • Foreword to the First Edition
  • Acknowledgments for the Third Edition
  • Acknowledgments for the Second and First Editions
  • Introduction to the Third Edition
  • Introduction to the Second Edition
  • Introduction to the First Edition
  • Chapter 1. Why Collaborative Law, Why Now?
  • Notes
  • Chapter 2. Overview of Collaborative Law
  • Notes
  • Chapter 3. Becoming a Collaborative Lawyer: The Retooling Process
  • It's Not for Everyone
  • Making the Paradigm Shift Happen
  • The Four Retooling Questions
  • The Four Dimensions of Retooling
  • The First Dimension: Retooling Yourself
  • The Second Dimension: Retooling with the Client
  • The Third Dimension: Retooling with the Other Players
  • The Fourth Dimension: Retooling Negotiations
  • Notes
  • Chapter 4. Overview: The Three Stages of a Collaborative Law Case
  • Act One
  • Act Two
  • Act Three
  • Notes
  • Chapter 5. The Nuts and Bolts of Effective Collaborative Family Law Practice
  • Key Concepts and Tools
  • Notes
  • Chapter 6. Key Moments in a Collaborative Representation
  • Making First Contacts with Other Participants
  • 1. First Communications with Your Client
  • 2. First Contacts with the Other Party
  • 3. First Contacts with the Other Collaborative Lawyer
  • 4. First Contacts with Other Collaborative Professionals
  • Preparing the Client for the Four-Way Meeting
  • The Pre-Meeting and Post-Meeting Conferences Between Counsel
  • Apparent Impasse in Negotiations
  • Notes
  • Chapter 7. Statutes, Rules, Standards, and Protocols for Collaborative Law Practice
  • Statutory Recognition of Collaborative Law
  • Congruence of Collaborative Legal Practice with Ethics Rules
  • Reported Appellate Decisions Addressing Collaborative Practice
  • Collaborative Law in the Larger Alternate Dispute Resolution (ADR) Context
  • Standards for Collaborative Legal Practice
  • Protocols for Collaborative Legal Practice
  • Informed Consent: How Much and About What?
  • Malpractice Claims and Collaborative Legal Practice
  • Conclusion
  • Notes
  • Chapter 8. Documents and Useful Forms
  • Comments on the Use of These Forms
  • Intra-Office Forms
  • Initial Telephone Screening Form
  • New Client Basic Information Form
  • The Collaborative Retainer Agreement
  • Sample Letters to Prospective Clients, Spouses of Clients, and Lawyers for Spouses
  • Financial Disclosure Forms
  • Documents Establishing and Supporting a Collaborative Case
  • Principles and Guidelines for the Practice of Collaborative Law
  • Participation Agreement, or Stipulation and Order
  • Sample Letters Retaining Collaborative Neutral Experts/Consultants
  • Sample Recitations Re: Collaborative Representation and Informal Discovery to Include in Marital Settlement Agreements
  • Sample Provision Re: Resolving Future Disputes to Include in Marital Settlement Agreements
  • Documents Ending a Collaborative Representation
  • Amendment of Participation Agreement When Clients Elect Mediation
  • Final Letter at Time Divorce Is Concluded
  • Notice of Withdrawal of Collaborative Counsel
  • Notice of Termination of a Collaborative Case
  • Data-Gathering Forms
  • Internal Data-Gathering and Evaluation Form
  • Practice Group Data-Gathering and Evaluation Forms
  • IACP Survey Form
  • Notes
  • Chapter 9. Developing and Marketing Your Collaborative Practice
  • Practice Groups: The Sine Qua Non for Practice Development
  • Other Practice Development Ideas
  • Conclusion
  • Notes
  • Chapter 10. Collaborative Law Beyond Family Law
  • Notes
  • Chapter 11. Frequently Asked Questions About Collaborative Law
  • Appendix I. Tools and Resources for Lawyers
  • Appendix I.A. Intra-Office Forms
  • 1. Initial Telephone Screening Form
  • 2. New Client Basic Information Form
  • 3. The Collaborative Retainer Agreement
  • 4. Sample Letters to Prospective Clients, Spouses of Clients, and Lawyers for Spouses
  • 5. Financial Disclosure Form
  • Appendix I.B. Documents Establishing and Supporting a Collaborative Case
  • 1. Principles and Guidelines for the Practice of Collaborative Law/Collaborative Divorce
  • 2. Participation Agreement or Stipulation and Order
  • 3. Sample Letters Retaining Neutral Collaborative Experts/Consultants
  • 4. Sample Recitations Re: Collaborative Representation and Informal Discovery to Include in Marital Settlement Agreements
  • 5. Sample Paragraph Re: Resolving Future Disputes to Include in Marital Settlement Agreements
  • Appendix I.C. Documents Ending a Collaborative Representation
  • 1. Amendment of Participation Agreement "When Clients Elect Mediation [An Example That Can Be Adapted as Needed]
  • 2. Final Letter at Time Divorce Is Concluded
  • 3. Notice of "Withdrawal of Collaborative Counsel
  • 4. Notice of Termination of Collaborative Case
  • Appendix I.D. Data-Gathering Forms
  • 1. Internal Data-Gathering and Evaluation Form
  • 2. Practice Group Data-Gathering and Evaluation Forms
  • 3. IACP Survey Form
  • 4. Collaborative Council of the Redwood Empire Data Mining: Closed Case Collection Form
  • Appendix I.E. A Collaborative Divorce Case History
  • Appendix I.F. Roadmap of the Collaborative Divorce Process
  • New York Association of Collaborative Professionals
  • Appendix I.G. Talking Points for First Collaborative Legal Meeting
  • Appendix I.H. Lawyer Conference Checklist
  • First Meeting between Lawyers
  • Appendix I.I. First Four-Way Meeting Checklist
  • Appendix I.J. Metaphors for Collaborative Practice
  • Whitewater Rafting
  • Mountain Climbing/Rock Climbing
  • The journey through the Deep, Dark Woods
  • Divorce as a Trip from Here to There
  • Airplane Travel as a Divorce Metaphor
  • Divorce as a Birthing Process
  • Durable Power of Attorney
  • A Peculiar Sort of Marathon
  • The Sack Race
  • Training Horses
  • Appendix I.K. International Academy of Collaborative Professionals Standards and Ethics
  • Prefatory Comments to Standards and Ethics
  • International Academy of Collaborative Professionals
  • Summary of IACP Trainer Requirements
  • Appendix I.L. ABA Committee on Ethics Opinion
  • Standing Committee on Ethics and Professional Responsibility
  • Notes
  • Appendix I.M. When a Collaborative Case Is in Trouble
  • Appendix I.N. Sample Rules for Practice Group Membership
  • Article 3. Members
  • Appendix I.O. Resources
  • Bibliography
  • Articles
  • Books
  • Research Reports about Collaborative Law and Interdisciplinary Collaborative Team Practice
  • Websites
  • Appendix II. Client Handout
  • Collaborative Divorce Handbook
  • Your Choices for Professional Legal Help with Ending a Marriage or Domestic Partnership
  • Index