Q) Can a Lawyer Represent a Client Zealously If It Is Agreed in Advance Not To Go To Court?
A) By entering into a Collaborative Law Participation Agreement lawyers and their clients have thoughtfully agreed to limit the lawyers role within the contractual relationship to that of providing representation for settlement purposes only. Nothing in the Canons of Ethics precludes such a limitation. In stepping out of the adversarial process, the collaborative lawyer does not give up the role of advocate for his or her client. None of a lawyer’s duties or obligations to a client are affected by this limitation. In fact the agreement to refrain from going to court often provides the required stimulus to effectuate an acceptable settlement agreement.
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