Written by My Collaborative Team President, Edward S. Sachs, ACP
IACP’s Ethical Standards allow a child specialist or coach, as well as the financial neutral, to continue providing services following the resolution of a Collaborative matter so long as they have the consent of all clients, and the services remain consistent with their role in the Collaborative matter.
Interesting that the Standards only require the consent of the clients. Never is the team or the lawyers mentioned.
The big question, however, is what the framers of the Standards were considering are “services that remain consistent with their role in the Collaborative matter.”
Is it consistent with their role in the Collaborative matter for a financial neutral to annually recalculate child support for the clients? Can the clients return to the financial neutral to determine the clients’ income for a possible modification of alimony without involving the rest of the professional team?
Is it consistent with their role in the Collaborative matter for a Coach or mental health professional to assist the clients in any changes to the parenting plan? Can the MHP be available to help the clients with their communication skills?
And at what point, if any, must the neutral inform the Collaborative team that they are providing services to the clients?
Are you a neutral providing services after the conclusion of the matter? Share your story with us either by writing to me ([email protected]) or join us on Friday at 4:30 p.m. Eastern for Happy Hour.
Ed,
Great topic for discussion. May I suggest you add to what you have already written when introducing the topic::
Is there a conflict within the Rules 4.4 A. and B. and 4.5 A. both as to (a) and (b)?
(a) after termination; or
(b) related to the Collaborative matter
Jeff