How to Choose a Collaborative Family Law Attorney
I receive many phone calls and emails from potential clients saying they wish to work through their disputes in the Collaborative Law process. I start asking questions. Do they mean “collaborative” in the plain sense of the word? Do they mean true Collaborative Process?
Similarly, I frequently hear from potential clients, “my spouse’s attorney is collaborative.” Sadly, attorneys advertise practicing collaborative law when they are not trained and do not. Per the Uninform Collaborative Law Act and RCW 7.77, there is no requirement that an attorney must be trained in collaborative law to “practice” it.
This leads me to the point of this post; how does one choose a collaborative law attorney?
- Training in Collaborative Law Process
Not only should your potential lawyer have attended basic Collaborative Law training, but they should be taking continuing legal education in Collaborative Law to further their skills
- Experience in Collaborative Law Process
Collaborative Law is very different from traditional legal negotiations. In Collaborative Process, interest-based negotiations are used instead of positional barraging negotiations. This allows for both parties to co-create an agreement that meets both of their interests and goals. Attorneys traditionally have not been trained in Collaborative Process, thus it is a very different set of skills to learn and work with.
- Involvement in the local Collaborative Law legal community
In Washington, the experienced Collaborative Law attorneys are members of King County Collaborative Law, Collaborative Professionals of Washington and the International Academy of Collaborative Practitioners, all of which require continued education and involvement in the Collaborative Law community.
- Personality fit of Collaborative attorney and client
Let’s face it, one of the most important things to a good working relationship is personality fit and style. The attorney and the client will be working closely together during an emotional time; one must feel they can work well with their lawyer. When I was a new attorney, I would take it personally when a potential client picked a different attorney. These days I routinely refer to other collaborative law attorneys if I feel they would be a better fit with a particular client.