wHoisDisqualiFieDiFacollaBorativeDivorceterminates ?
Collaborative law Section Chairs : ZacharyBayne – AllenDell , P . A . & StaceyHudon – Felix , Felix & Baseman
accordingly , itwouldbeimproper foradisqualifiedcollaborative lawyertohandoffthecasefile toapartner , associate , orcontract attorneyassociatedwiththe collaborativelawyer ’ sfirm .
The signature element of Collaborative divorce is the disqualification Clause . Collaborative clients agree that their lawyers will be used only to reach an out-ofcourt agreement and are forever disqualified from engaging in any type of litigation between the clients . Further , as the Collaborative Process is voluntary , either client may terminate the process at any time for any reason or for no reason at all . In that event , the Collaborative Lawyers are disqualified and must withdraw .
Interestingly , terminations are relatively rare in the Collaborative Process . A 2010 study conducted by the International Academy of
Collaborative Professionals (“ IACP ”) found that 86 % of Collaborative matters ended in a full resolution between the clients , with an additional 2 % reconciling . More recent research by the Florida Academy of Collaborative Professionals has found similar results . In my personal practice , 93-94 % of Collaborative matters have reached a full resolution .
Still , some Collaborative Processes will terminate . In those cases , to whom does the disqualification Clause apply ?
Collaborative Lawyers are disqualified
Clearly , if a Collaborative matter terminates , the Collaborative
Lawyers are disqualified . Florida Family Law Rule of Procedure 12.745 ( f )( 1 ) specifies that , excepted under very narrow , limited circumstances , “ a [ C ] ollaborative [ L ] awyer is disqualified from appearing before a court to represent a party in a proceeding related to the [ C ] ollaborative matter .”
Lawyers in the Collaborative Lawyers ’ firms are disqualified
Not only are the Collaborative Lawyers disqualified in the event of termination , but Fla . Fam . L . R . P . 12.745 ( f )( 2 ) provides that “ a lawyer in a law firm with which the [ C ] ollaborative [ L ] awyer is associated
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