Before You Take a Collaborative Law Case: What the ethical rules say about conflicts of interest, client screening, and informed consent (Family Advocate, Vol. 33, No. 2)
John Lande & Forrest S. Mosten
UNDER THE MODEL RULES OF PROFESSIONAL CONDUCT, lawyers have a duty to screen potential Collaborative Law (CL) cases for appropriateness and obtain clients’ informed consent to use CL. The duty to screen cases is based on the “reasonablleness requirement of Rule 1.2(c) and the requirement to avoid conflicts of interest that might interfere with competeen and diligent representation under Rule 1.7. Both rules require lawyers to obtain clients’ informed consent to particippat in a CL process...