The below is a response to our article last week, Zealous Advocacy Vs Client Self-Determination, from George Richardson, a Collaborative Attorney in California:

I love your continuing articles and look forward to seeing you in Toronto.

It’s a common belief that lawyers are to represent their clients “zealously” which, I believe, is too often interpreted as “unbridled”; whereas “vigorously” or “enthusiastically” is what is meant. While mentioned in the preamble to the ABA Model Rules of Professional Conduct (used as a model in all US jurisdictions and enacted verbatim in several), the word is nowhere used in the Rules themselves. 

To put it in context (and note the litigation tilt), the Preamble says:

• “As advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system.” (P. 17)
• “Thus, when an opposing party is well represented, a lawyer can be a zealous advocate on behalf of a client and at the same time assume that justice is being done.” (P. 18)
• “These principles include the lawyer’s obligation zealously to protect and pursue a client’s legitimate interests, within the bounds of the law, while maintaining a professional, courteous and civil attitude toward all persons involved in the legal system.” (P. 18)

Excerpts From Model Rules of Professional Conduct, American Bar Association

When understood in context, there is absolutely no tension between zealous representation and the ethical standards of Collaborative Practice. Indeed, they stand as partners as we seek to understand the goals/needs/interests of the family, with particular reference to the person with whom we are working, and seek to promote those goals/needs/interests within the context of the family dispute.

In short, there is no line to draw. We all stand within the same circle. Our job as collaborative practitioners is well defined within the scope of our respective Collaborative commitment agreements. In my view, it boils down to work together with our families, without forgetting our fundamental loyalty as lawyers, to define what is best for their families and themselves as they work to find a commonly acceptable solution to the myriad challenges that are faced by families in transition. 

I’ve got way too much to do to have my cases in shape before I leave for a week, so I can’t continue this, but it’s a question I’ve addressed a lot in 30 years of Collaborative Practice and over 25 years training lawyers to be Collaborative professionals.