Checklist for Starting a Collaborative Case
Confirm that your own client wants to do case collaboratively, find out whether spouse also on board or needs to be persuaded.
Provide client regular retainer letter, copy of participation agreement, and information/letter to get client’s spouse to agree to use Collaborative Process, include referrals to potential professionals and/or CLII website as appropriate.
When other lawyer calls to say s/he has been retained, either discuss case there and then or set up an initial meeting to discuss case briefly, covering the following points:
Will it be hard vs. easy based on what you know so far?
If on the “hard” side, what problems are perceived and how might you deal with them?
Are the financial issues simple or complex (large estate, small, enough money to go around for two households)?
Are there children? Ages, what complexities?
Are the parties in basic agreement or hoping they can get there with your help?
Where and when will first meeting will be? (Who sends out information?)
Discuss and agree on agenda for first meeting (see generic version, attached) and who will distribute.
Who will take what role at first meeting (e.g., when going over the Participation Agreement to highlight important parts, consider taking turns section by section to highlight the team cooperation; when writing up goals, who will write on the flipchart, and so on).
Who will be the reporter to the IACP regarding completed cases?
Confirm that both clients will have received the participation agreement ahead of time and will have been advised to read it through before the first meeting, where it will be discussed and signed.
The use/benefits of team approach: coaches, financial specialist, child specialists and what each profession brings to the team; consider an assessment or meeting with both coaches, meeting with financial person, etc. (Discuss what each of you said to clients about the “team” concept and who will be added and why.)
Possibly agree on who are likely candidates to add to the team given what you know about the clients at this point; refer clients to CLII website for other professionals.
Timing issues: do clients seem to agree on timing? Will managing time be an issue to be dealt with and discussed? What time constraints do you foresee?
Are there any concerns/issues that need immediate attention (e.g., moving out before, access to joint money, selection child therapist).
Additional professionals meetings: pre-meeting check-ins, meeting debriefings, case debriefings, clarifying expectations, formats, responsibilities. Agree ahead of time on protocol for dealing with process difficulties (e.g., make commitment to name problems early, discuss ways to deal with, ask for help from others, including CARE committee.)
Send out confirmation of first meeting with location and time prominently noted, attaching agenda and participation agreement (be sure to make changes to generic agenda based on meeting with other lawyer).
Some lawyers also use a letter describing the first meeting in more detail (setting the tone, discussing the team, discussing goals and fears, etc.).
First meeting: see attached generic agenda.
© CLII/August 2007 |
