Sometimes, a Collaborative-trained lawyer will file a family law case and start it as a regular litigation matter. After a little work has been done on it, the other side may hire a Collaborative attorney and want to convert the case into a Collaborative case. Some people question whether that is possible. The short answer is "Yes", we can switch processes in mid-stream. Another relevant question, however, is whether that is advisable. Initially, the change is fairly easy to accomplish mechanically. Just like in any other case, the parties would need to commit to the Collaborative process, including the attorney withdrawal provision, and sign a formal participation agreement. The parties would then file (in Texas) the notice of Collaborative proceeding with the court. Why would you want to do this? For any and all of the reasons often discussed: having a less-stressful environment, letting the parties control the timing and outcome of the process, privacy, the opportunity...Read More

This is one of the most common questions I hear. Some people have gotten the idea that Collaborative Law is cheaper than litigation. In fact, some attorneys tell people that it is a cheaper process. Unfortunately, we can't really determine that. No Way to Compare In some ways, I would like to think that Collaborative Law would be less expensive, but no one can really answer the question because there's no way to compare the processes. If you think about it, you can see that there can be no direct comparisons: Each case is different from every other case, so you can't make meaningful comparisons between two different cases. While there could be two cases where the parents each need to work out arrangements for their three children, there will always be differences that affect the amount of time and effort the parties and attorneys must expend. Maybe the father wants primary custody in one case and the mother wants primary custody in the other case. Different work...Read More