ABA-447
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| Lawyers may ethically participate in a "collaborative law process," which involves adverse parties and their lawyers "commit[ing] to work cooperatively to reach a settlement," and "structur[ing] a mutually acceptable written resolution of all issues without court involvement," which is then "submitted to the court as a final decree." The so-called "four-way" agreement normally includes a provision requiring the lawyers to withdraw from representing their clients if the collaborative effort fails. Such an agreement is an acceptable limitation on the scope of representation under Model Rule 1.2(c), and does not involve a non-waivable conflict. [as the Colorado Bar held in Colorado LEO 115]. (2/24/07)] |