Collaborative law : achieving effective resolution in divorce without litigation /
Saved in:
| 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 |
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
