Ethics and Collaborative Law Presentation

The Juvenile and Family Law Program sponsored a lunchtime presentation titled “Ethics and Collaborative Law.”  One of Colorado’s leading family law attorneys, Dave Johnson, of Kane, Donley & Johnson PC, provided an introduction to the basic concepts of collaborative law, discussed its advantages and drawbacks, and addressed several ethical issues raised by this new form of alternative dispute resolution. Approximately 90 students and faculty attended the presentation.

Mr. Johnson noted that family law is the perfect setting for this form of dispute resolution because it concerns family interactions that will continue even after legal relationships change. The basic design of collaborative law helps divert cases from the courtroom and presents clients with a forward looking, goal oriented, and client-driven model of dispute resolution.

Mr. Johnson identified two ethical issues that are often cited in relation to collaborative law: (1) attorney-client privilege, and (2) disqualification of attorneys if negotiation fails. Mr. Johnson contended that attorneys can avoid these ethical issues if they carefully counsel their clients with respect to the goals and requirements of collaborative law and the role the attorney will play in the four-way meetings.