8911 N. Capital of Texas Highway, Building 2, Suite 2105,
Austin, TX 78759

Call Us512-610-6199

Subscribe to this list via RSS Blog posts tagged in collaborative law

Texas divorce laws, Texas high asset divorce lawyer, For certain types of cases, collaborative law may be an excellent tool for a high-asset divorce and other similar family law proceedings.

When the legislature enacted Chapter 15 of the Family Code in 2001, it was one of the first collaborative law statutes in the country. Two years later, the Collaborative Law Institute of Texas, one of the leading practice groups in the state, had only a few members.

But very soon, the word got out. By 2010, the Institute had grown to over 500 members, and a statistically significant number of hotly-contested high net worth divorce cases now do not see the inside of a courtroom until the very end of the process.

...

Texas collaborative attorney, Texas high asset attorney, Texas complex litigation lawyer,A growing number of high-asset divorce cases are resolved through the still-controversial method of collaborative law, during which the parties work together to find mutual solutions to problems stemming from child custody, spousal support, property division, and other complex property litigation issues.

The method is controversial because it totally eschews the traditional adversarial model. Assume that, instead of playing a football game in Waco or Austin, officials from The University of Texas and Baylor met to compare their teams' statistical profiles and then enlisted the help of sportswriters and broadcasters to determine a winner. Collaborative law is not nearly that radical, but it is in the same general neighborhood.

Critics maintain that attorneys can only "zealously" represent their clients, as called for in the canon of ethics, in a courtroom shootout. However, good lawyers are very adept at far more than simply making arguments.

...

Texas collaborative law attorney, Texas complex litigation lawyer, Texas divorce attorney,When asked for a quick definition of collaborative law, many attorneys may say something like "ongoing mediation." Although this synonym is not entirely inaccurate, it does not capture the essence of collaborative law nor does it explain why it is a viable alternative, at least in many cases.

To briefly summarize, collaborative lawyers work with the parties to resolve property division in a high-asset divorce, complex custody disputes, and related matters.

Structure

...

Texas high-asset divorce attorney, Texas complex litigation lawyer, divorce settlement, Collaborative law is quite common in certain areas of North America, including California and Canada, but it has not gained much traction in some areas of The Lone Star State. Is this model an option for your complex divorce or other family law issue?

The Collaborative Family Law Act outlines the procedure in Texas. In a nutshell, the process is somewhat similar to ongoing mediation, with a few important distinctive qualities. The mindset is different. In traditional mediation, it is "every man for himself." The lawyers are determined to walk away with the best deal possible for their respective clients, and they care little or nothing about anyone else's interests. In collaborative law, the parties remain cognizant of how the outcome may affect other people both directly and indirectly involved in their complex divorce.

There is also a structural difference. In traditional mediation, a third-party mediator does all the negotiating, and the parties are merely interested bystanders. However, in collaborative law, the parties themselves do the negotiating.

...
Super Lawyers Super Lawyers TBLS AV Martindale
Avvo Top One Expert Top 10 Law Firm
Back to Top