HCBA Lawyer Magazine Vol. 28, No. 4

new iaCP ethiCal standards May Change the way we Collaborate Collaborative law Section Chairs: Tina Tenret - ProVise Management Group & Ellie Probasco - Probasco Law I n June 2017, the International Academy of Collaborative Professionals (IACP) released updated Minimum Ethical Standards for Collaborative Professionals. 1 The Standards are meant to keep up with the rapidly expanding field of collaborative practice and fill in the gaps of traditional ethics rules for attorneys, mental health professionals, and financial professionals. The Standards may change how we collaborate here in Tampa Bay. 2 Work After Termination When a collaborative case terminated (without a full agreement) under prior IACP standards, it was clear that 18 This would collaborative suggest that attorneys could attorneys and not participate neutrals are in contested prohibited from proceedings. working on a But what case in any about neutrals? capacity after If both clients it terminates. 3 agreed, could they continue It would also as neutrals or seem that testify about neither we can and should use the documents attorneys nor standards to improve our created during neutrals may collaborative processes. the process? ever be involved The answer, in contested now, appears court matters to be no. between the According to Standard 4.5A, “After clients, regardless of termination Termination, a Collaborative or full resolution. Professional will not provide any service for the client(s) that is either Likelihood of Reaching (a) adverse to any other client in the Resolution terminated Collaborative matter, Florida Rule of Professional or (b) related to the Collaborative Conduct 4-1.19 regarding matter.” Standard 3.12 broadens Collaborative Law instructs us that this notion and elaborates that a attorneys must screen for domestic collaborative professional (including violence. IACP Standard 2.4 adds a neutral) is forever prohibited from another screening requirement: “[A] participating in any proceeding that involves the clients. Continued on page 19 © Can Stock Photo / AndreyPopov MAR - APR 2018 | HCBA LAWYER

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