Ethical Considerations in Collaborative Divorce

Written on October 11, 2007 by David C. Sarnacki

The ABA STANDING COMMITTEE ON ETHICS AND PROFESSIONAL RESPONSIBILITY rejects the reasoning of the Colorado Bar Association Ethics Opinion No. 115, the sole dissenting voice on the ethics of collaborative divorce. Formal Opinion 07-447 (August 9, 2007) reaffirms the value of the collaborative process:
*a method of alternative dispute resolution in which husband and wife, with their lawyers, work cooperatively to reach a settlement
*an outgrowth of the mediation process
*focus on the interests of both clients
*gathering sufficient information to make informed decisions
*problem-solving atmosphere
*interest-based negotiations
*client empowerment
*development of the full range of options
*decision-making that best meet the needs of the family
*mutually acceptable written resolution without court involvement

Category Posted in Collaborative Divorce

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