Replies to This Discussion

Top DogPermalink Reply by Barbara Bakal Greene on August 19, 2011 at 9:36am

Tom, let's talk about experiences working with attorneys trained in the "collaborative law" process. What's been your experience? Do you handle these cases any differently than you would with an attorney taking the conventional approach?

 

Top DogPermalink Reply by Thomas Mallon on August 19, 2011 at 2:06pm

Dear Barbara:

 

I have had the training for collaborative law but not had any cases.  I had one case that I thought was a good candidate for the collaborative law process, but the client(s) ultimately did not want to proceed that way.  The reason I bring it up though, is that I called several lawyers to to see if they would be available for a collaborative law case and it seems that there have been very few if any in Baltimore County.

 

I would love to talk to you more about it, but have really only have limited experience.  Please get back to me though. 

Top DogPermalink Reply by Diana B. Denrich on August 25, 2011 at 4:30pm

I am trained in collaborative Law, and i think in a conventional litigation case the training only helps the attorneys to think outside the box in terms of settling the issue.  A case is not a collaborative case just because the attorney is trained in Collaborative practice.  Also, the attorney cannot make a case colaborative without BOTH parties consenting and BOTH attorneys having the Collaborative training.

 

I have had two Collaborative cases, and one was unsuccessful because of a delinquent financial neutral, and the other should settle shortly (we have the basics done and are working ont he agreement drafting).

 

All attorneys should be trained in Collaborative law because all attorneys are settlement minded, collaborative just puts the settlement talk prior to filing instead of afterward.

 

Diana Denrich

Top DogPermalink Reply by Thomas Mallon on August 19, 2011 at 2:13pm

A 14 year old boy who lives in Maryland has lived with his mom for the past 6 months even though his dad has full custody because the dad got incarcerated for repeat DUI. Now that the dad is back out he wants the 14 yr old boy to live with him again but the 14 year old boy does not want to go back to his dad and wants to stay with his mom as he feels most comfortable there. The mom has filed for a child custody hearing. Is there anything the 14 year old boy can tell the court so that this matter is decided in the boy's favor and not the dad's?

Top DogPermalink Reply by Thomas Mallon on August 19, 2011 at 2:17pm

It is inappropriate to tell a witness what to say, but based on the child's maturity level, that court may be willing to allow him to testify and may want to hear from him. 

 

What follow-up treatment is the father doing and how many DUI has the father had in the past?  Most do not do jail time for an initial infraction.  Fitness of the father as a parent is certainly a compelling issue to present to the court as well.