This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This Article also suggests ways that lawyers may educate clients generally to make good decisions about dispute resolution options generally, and the Collaborative process in particular.
Forrest S. Mosten & John Lande, The Uniform Collaborative Law Act's Contribution to Informed Client Decision Making in Choosing A Dispute Resolution Process, 38 Hofstra L. Rev. 611 (2009)