wHoisDisqualiFieDiFacollaBorativeDivorceterminates ?
Collaborative law Section
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is disqualified from appearing before a court to represent a party in a proceeding related to the [ C ] ollaborative matter if the [ C ] ollaborative [ L ] awyer is disqualified from doing so under subdivision ( f )( 1 ).” Accordingly , it would be improper for a disqualified Collaborative Lawyer to hand off the case file to a partner , associate , or contract attorney associated with the Collaborative Lawyer ’ s firm .
Collaborative facilitators and financial neutrals are disqualified
For some time in our community , there has been a question about whether the disqualification Clause applies to Collaborative Facilitators and / or Neutral Financial Professionals . The Collaborative Law Process Act ( Part III , Chapter 61 , Florida Statutes ), Fla . Fam . L . R . P . 12.745 , and Rule Regulating Fla . Bar 4-1.19 are all silent on this issue .
Fortunately , the IACP Minimum Ethical Standards for Collaborative Professionals provides the answer . Standard 4.5 states that “[ a ] fter Termination , a Collaborative Professional will not provide any service for the client ( s ) that is either ( a ) adverse to any other client in the terminated Collaborative matter , or ( b ) related to the Collaborative matter .” Standard 1.0B clarifies that the term “ Collaborative Professional ” applies not only to Collaborative Lawyers , but also to mental health professionals and financial professionals on the Collaborative team .
Though the IACP is not a regulatory body , and the Standards are not legally binding , the Standards are designed to establish minimum expectations for professionals and , similar to the Bounds of Advocacy , address situations where local statutes and rules provide insufficient guidance . Accordingly , we should be clear that that the disqualification Clause applies to lawyers and non-lawyers alike . n
Author : Adam Cordover – Family Diplomacy , A Collaborative Law Firm
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