Can You reaLLY be both a Litigator anD a CoLLaborative attorneY ?
Collaborative law Section
Continued from page 28
collaborative divorce practice over almost a decade , I have come to be amazed by how much my litigation practice has informed my judgment and the advice I give to clients in my collaborative cases . For example , in collaborative cases , one of the fastest ways an attorney or a client can derail the process is to focus on a “ position .” In litigation , the entire case is ultimately about positions . To understand this dichotomy is to understand one of the fundamental principles of the collaborative process . In collaborative cases , the “ position ” can be the biggest enemy we face . Instead , the focus must be on the parties ’ genuine interests . For instance , there is an often underestimated , but nevertheless enormous , difference between “ my client needs permanent alimony ,” on the one hand , and “ my client would like to have financial stability and security ,” on the other hand . If you can keep this type of distinction in mind as you proceed through a collaborative case , you can use it over and over again , not only to assist yourself , your team , and the clients to reach a truly interest-based resolution of the case , but also to manage your client ’ s expectations and to reinforce to your client the benefits and wisdom of choosing the collaborative approach .
To be clear , positions can absolutely divide people ( a / k / a parents ), both during a case and afterwards . Positions cause people to shut down lines of communication , but perhaps even worse , they create expectations that make our jobs as attorneys more difficult as we try to facilitate a final settlement . And I have found that understanding this concept also helps me counsel my clients in litigated cases . For example , the ability to “ tune in ” to a person ’ s real interests , as opposed to allowing all their perceived “ wants ” to control , can be a very effective tool when counseling a client about settlement in any context .
So if you are in a collaborative case , every time you hear that voice inside you that tells you to “ make an offer ” to the other side to just get a deal done , or to start out the case by saying something like , “ My client says the house must be sold because he wants his equity now ,” you should try to recognize that this is just the litigator inside you . That litigator can be a helpful guidepost , but he can also be your enemy if you let him take control of the collaborative process .
Author : Michael Lundy – Older Lundy & Alvarez
Adopt-A-Veteran Initiative
thanks to the hCba Community services Committee and our members , more than 20 veterans were assisted through our annual adopt-a-veteran initiative in october with the James a . haley veteran ’ s hospital . Pictured is CsC Chair Lara Lavoie with representatives from the veteran ’ s hospital , as they were picking up the donations from the Chester ferguson Law Center .
J A N - F E B 2 0 1 8 | H C B A L A W Y E R 2 9