Protocol

In order to make the process more predictable throughout Tarrant County our group has established the following expectations in a Collaborative case.  While not a requirement in every case,  we believe use of common documents and generally standard procedures will make the process more comfortable and successful for the parties and attorneys.  The attorneys in each case should feel free to modify, by agreement,  the documents and procedures to anything that is consistent with Collaborative Law principles.  Click here for the protocol established by the Collaborative Law Institute of Texas in PDF format.

1.  If  your client has shown interest in Collaborative Law, give them access to a list of trained Collaborative lawyers for their spouse.

2.  Once both clients  have retained Collaborative attorneys, the attorneys need to talk briefly with each other to confirm that they will use the collaborative process, set a time to discuss the agenda for the first meeting and alert the other attorney about any expected hot button issues.  

3.  The attorneys should meet with their own client at least a day or two before the first 4-way meeting.  At that meeting, the attorney should describe what the first meeting will be like. You should talk with your client to get them to articulate the reasons why they chose the Collaborative process and their outcome goals  You should also, at a minimum, hand out the following documents:  "Getting to Yes" summary, Collaborative Guidelines and the 4-way agreement.

4.    The attorneys should have a conversation with each other to firm up the agenda after the attorneys have each spoken with their clients about the first 4-way meeting.  Click here for a check list of topics for this conversation.

5.     It is expected that the first meeting will primarily be explaining the process, agreeing on a set of process goals and macro divorce goals, signing the agreement, addressing immediate concerns, setting the agenda and date for the next meeting.

6.     For every meeting, assignments will be made for tasks to be completed before the next meeting.  The assignments may include such things as:  gather financial statements, prepare income and expense forms, and obtain copies of retirement statements and other financial records. The assignments will be recorded in the minutes of the meeting.  One of the attorneys will be responsible for preparing the minutes of the meeting.  Click here for an example of minutes. The attorneys and the parties will agree on an agenda for the next meeting.  Click here for an example of an agenda.

7.     Attorneys should debrief their client immediately after each meeting to gage the client's comfort level and to make sure the client understood what happened in the meeting.  The attorney should also make sure that the client understands what his/her assignments are.  The attorney can also set up the next pre-meeting with the client in preparation for the next 4-way meeting.

8.     For the second and subsequent meetings, the attorneys should meet and/or talk with their clients and then the other attorney prior to each meeting.

9.     In most cases it is expected that the parties will prepare a joint sworn inventory and appraisement.

10.     Temporary orders or agreements may be prepared to deal with interim matters as needed.  Such orders or agreements would be signed by the parties and their attorneys and may be filed with the court clerk, if the parties so choose.