Here are some quick keys for how
to find and hire a Collaborative attorney.

In 2001, Texas passed the First Collaborative Law statute in the United States, then after the Collaborative Divorce Process evolved, in 2011, a much more extensive statute was passed. Since the first Collaborative Law statute was passed in Texas in 2001, many other states and the Uniform Laws Commission of the United States (which seeks to make all states’ laws uniform) passed its own Collaborative Law statute. The one shortcoming to that statute, in many people’s opinions, is that it does not have requirements for lawyers to practice Collaborative Divorce.

Here
are some suggestions from Collaborative Divorce Texas for picking your lawyer
is you want a Collaborative Divorce:

1. Make sure the attorney is actually trained in Collaborative
Divorce.

An attorney, and the other professionals involved, actually need
to have attended at least a two-day “basic training”. Some attorneys will try
to claim that they can handle the case without it, but they will not do a good
job for you. In addition, the attorney should regularly attend training to
continually update their skills. From my observations over more than 10 years
of Collaborative work, it is clear that the practice has evolved and changed
over the time. Attorneys need to keep up with new ideas.

2If an attorney tries to talk you out of
Collaborative Divorce right off the bat, get a second opinion. 

Unfortunately,
there seem to be a lot of “bait and switch” attorneys who advertise that they
handle Collaborative cases even though they usually haven’t been trained. If
someone comes in and wants to use Collaborative Divorce, the attorney
immediately starts telling them all the reasons why it would be inappropriate.
If you get that treatment, get a second opinion.

3. Ask about the attorney’s experience in
Collaborative Divorce cases. 

Ask
them if they are a member of Collaborative Divorce Texas; any Collaborative
Divorce attorney in Texas who is committed to the practice of Collaborative
Divorce is a member of Collaborative Divorce Texas. Ask how long they have done
Collaborative work and how many cases they have handled to a successful
completion. Ask them to tell you some stories about how they got some good
outcomes from it. Ask what they like about Collaborative Divorce. An
experienced attorney can easily answer those questions. A bait and switch
attorney can’t.

4. Location.

 Generally,
you need a local attorney, from the county where you reside. If there aren’t
many Collaborative attorneys in your county, check for an adjacent county.
Don’t worry about where the attorney’s office is. I’ve had cases where all the
meetings were at my office, some where all the meetings were at the other
attorney’s office, some were all at a neutral site and some were at a financial
professional’s office. The location is always set up for the convenience of the
parties.

5. Good chemistry. 

This
is the intangible. Make sure you have a good feeling about the attorney. Trust
your gut on whether this is the right attorney for you. If you follow through
with these suggestions, you should end up with a good Collaborative lawyer and
hopefully a more peaceful divorce experience.

If
you hire an attorney who is not trained and experience in the Collaborative
Divorce Process, it is much more likely the case will not be successful. There
are hundreds of Collaboratively trained lawyers in Texas with substantial
experience from whom you can choose. If you choose a lawyer who is Credentialed or Master Credentialed by Collaborative
Divorce Texas
, you are hiring a lawyer who has had extensive
training, experience, and has met strict requirements that let you be assured
are hiring someone who has a track record of commitment and success in helping
clients and families resolve their divorce through the Collaborative Divorce
process, which provides privacy, respect, preservation of relationships and
peaceful resolutions.

Original blog was written by Camille Milner and posted on Milner-law.com on February 20, 2020.

The post Why Choose A Credentialed Collaborative Divorce Lawyer? appeared first on Collaborative Divorce Texas.