Collaborative Law Committee

Collaborative Law Committee

Committee Updates

NEXT MEETING OF COLLABORATIVE LAW COMMITTEE

The next meeting of the ABA Collaborative Law Committee will be via telephone conference at 5:00 pm Eastern Time, on November 5, 2009. Committee members will receive the dial-in-number and passcode on the list/serv

The meeting will be devoted primarily to a discussion of the Committee's on-going plans for obtaining support for the UCLA from ABA Sections and Members of the ABA House of Delegates. The UCLA will be before the ABA House of Delegates in February, 2010. For further information on the Committee's initiative and to volunteer to help, contact Gay Cox: ggcox@swbell.net .

If you have other items that you would like to add the the agenda, please contact co-chairs Larry Maxwell (lmaxwell@adr-attorney.com) or David Hoffman (DHoffman@BostonLawCollaborative.com).

Please encourage your collaborative colleagues to join the Collaborative Law Committee. All ABA and Section members may join the Committee by going to the Committee's web page.

The Collaborative Law Committee holds meetings via dial-in conference call on the second Thursday of every other month at 5:00 p.m. Eastern Standard Time.

NEWS FLASH:

UNIFORM COLLABORATIVE LAW ACT APPROVED BY THE UNIFORM LAW COMMISSION

On July 15, 2009, at its Annual Meeting in Santa Fe, New Mexico, the Uniform Law Commission by a unanimous vote, approved the Uniform Collaborative Law Act. The final version of the UCLA, with Prefatory Note and Comments will be available October 1, 2009.

In February, 2010, the Act will be before the ABA House of Delegates. The ABA Section of Dispute Resolution has endorsed the Act. ABA members are encouraged to seek support for the UCLA from other ABA Sections and entities and delegates to the ABA House of Delegates.

The Collaborative Law Committee has prepared an Executive Summary of the Uniform Collaborative Law Act which provides a section by section analysis of the UCLA as approved by the Commission. It is anticipated that the Act will be available for consideration by state legislatures in mid-2010 NEXT MEETING OF COLLABORATIVE LAW COMMITTEE

You are encouraged to join the Collaborative Law Committee. If you are not currently a Committee Member, please subscribe to the Committee ListServ list to receive the dial-in number.

Articles

Why a Uniform CollaborativeLaw Act?

By Norman Solovay and Lawrence R. Maxwell, Jr.

This article was originally published in the Spring, 2009, Vo. 2, No. 1 edition of the New York Dispute Resolution Lawyer, a publication of the New York State Bar Association. The article provides an in-depth analysis of the core provisions of the Act, including the when the collaborative process begins and terminates, confidentiality, the disqualification of the collaborative lawyer if the process terminates without settlement, the lawyer's duty upon termination, the voluntary disclosure requirement, and the evidentiary privilege. Readers are reminded of the 1976 Pound Conference convened by the American Bar Association to examine concerns about the efficiency and fairness of the courts systems. Following the Pound Conference, Derek Bok, the former Dean of Harvard Law School and former President of Harvard University reflected on the significant events of the conference and opined. "Over the next generation, I predict, society?s greatest opportunities will lie in tapping human inclinations towards collaboration and compromise rather than stirring our proclivities for competition and rivalry. If lawyers are not the leaders in marshaling cooperation and designing mechanisms that allow it to flourish, they will not be at the center of the most creative social experiments of our time." The authors believe that collaborative law is indeed on of the "mechanisms envisioned by Derek Bok, and that the further growth and development of collaborative law holds out significant benefits for clients and the legal profession.

Mission and Committee Meetings

IMPORTANT NEWS:

DRAFT - Summary of Ethics Rules Governing Collaborative Practice - Updated

This is a discussion draft and is not the policy of the American Bar Association or the Section of Dispute Resolution. Please direct any comments on this draft to the co-chairs of the Collaborative Law Committee, David Hoffman (DHoffman@BostonLawCollaborative.com) and Larry Maxwell (lmaxwell@adr-attorney.com)

THE COLLABORATIVE LAW COMMITTEE:

A. Explores the use of Collaborative Law in both family and non-family settings

B. Monitors and advises the Section Council about developments in the field - such as the efforts by Uniform Law Commission, formerly the NCCUSL, to draft a Uniform Law, the emerging set of state ethical opinions on CL, and legislation around the country

C. Encourages the use of Collaborative Law

D. Helps the Section build bridges to such organizations as the International Academy of Collaborative Professionals

E. Educates the Section, the ABA, and the public about the use of Collaborative Law.

COMMITTEE MEETINGS

Committee Members will receive a meeting agenda and dial-in information prior to phone conference. If you have any items that you would like to add to the agenda, please contact the Committee co-chairs, Larry Maxwell (lmaxwell@adr-attorney.com) or David Hoffman (DHoffman@BostonLawCollaborative.com) You are encouraged to join the Collaborative Law Committee. If you are not currently a Committee Member, please subscribe to the Committee ListServ list to receive the dial-in number.

Publications

Advanced Arbitration Insight: 20/20 (Downloadable)
This tool for arbitration training raises some of the more sophisticated issues in complex commercial arbitrations. The format consists of 20 vignette... more