The American Bar Association has published an Ethics Opinion endorsing collaborative divorce.
Ethics opinions issued in five states had previously given approval to the collaborative divorce process. A sixth state, Colorado, recently issued an advisory opinion that collaborative agreements which required attorneys to withdraw from representing a client in the event of litigation created a conflict of interest.
The American Bar Association’s ethics opinion endorses the collaborative model. Before representing a client in a collaborative law process the lawyer must advise the client of the benefits and risks of participation in the collaborative process. Once informed consent is given the lawyer may represent the client in the collaborative law process and this means the lawyer must honor his or her commitment to withdraw if the case proceeds to litigation.
The ABA Ethics Opinion is posted on our website.