Collaborative Law

 Beware the Pitfalls of Collaborative Law

Over the past 10 years, collaborative law has gained a small amount of traction. This odd area of law is regularly touted as a process in which people work together to find better solutions with less cost and more finality; a process in which everyone walks away happy.

If only it were  true.

Like anything else, when a concept sounds too good to be true, it typically is.

In terms of family law, collaborative law involves creating a team of experts to help you resolve your case. These experts could include:

  1. Attorneys for both parents
  2. One or more attorneys for the children
  3. A parenting expert
  4. A financial expert
  5. A business valuation expert
  6. A real estate expert

You get the picture.

These cases cost a great deal of money and are often far more expensive than the average divorce. Collaborative attorneys often try to convince couples to take money out of home equity lines of credit, retirement loans, and other sources to afford the staggering cost of this style of divorce.

What is most troubling about collaborative law is after couples spend all of their money to invest in the “team” approach, if the case does not resolve, then:

  • Each and every member of the collaborative “team” is required to withdraw and no longer represent either party.

AND

  • Each spouse must hire new and separate attorneys, experts, consultants, and so forth, at a staggering cost.

Highly experienced divorce attorneys, such as the professionals at SIEGELLAW, practice collaboratively each and every day, by working with opposing counsel and all appropriate consultants and experts to try to successfully resolve your family law case. But we will not abandon you if this style of resolution fails. We are there guiding you each and every step forward.

Fnally, there is one last lurking danger to the formal collaborative process, which is that it presumes and relies upon the fiction that everyone is always honest and truthful, and fully discloses all necessary information. However, there is no real verification to this process, which is absolutely unacceptable.

If you have initially read about all of the potential positives of collaborative law, do your due diligence and dig deeper before you sign onto what could be a shortcut leading to a huge financial mistake.