carlMichaelrossi's blog
In Collaborative Practice....Who owns the process? Who runs the process?
A recent thread on the CollabLaw listServe had me revisiting this topic. One professional had asked for help with a divorce case in which one of the spouses had requested, in the middle of the process, that the attorneys and mhps stop giving the financial professional any information about his/her "emotional state". One post suggested there might be more to do than simply decide whether it's "okay" or not to stop sharing....that there might be something going on for that client and that it might be helpful to ask him/her about it. I added the following thoughts:
The sum of the parts...
One of the cornerstone skills of a lawyer is supposed to be the ability to compartmentalize one's inner world. To set aside personal feelings and beliefs and work completely and only rationally on a client's matters.
In celebration of our 'handicaps'.
They Call Him Crutch
Like one in every 1200 children, Bill Shannnon has a bilateral hip deformity -- his hips aren't round, and putting pressure on them creates swelling. Since the age of five, he's been using crutches, and by now, he considers them be an extension of his body. Instead of feeling handicapped, Shannon has turned walking on crutches into an art form! In this video, watch Bill take it to the street, dance, skate and more -- all to challenge images of disability through performance art. On the streets, they call him Crutch.
http://www.youtube.com/watch?v=Q8FIjlLKThs
We carry each other in Collaborative Practice
About a year ago, I played a, believe me, very small part in making it possible for someone from another country to attend the IACP forum in New Orleans. I hadn't thought of it, or him, since then.
Today I received an email. He just wanted to thank me; the 'embarrassing' truth is he was effusive in the blessings he wished for me from my self-perceived 'small' part.
On the proposed Uniform Collaborative Law Act
There is much discussion these days in the CP community about the proposed Uniform Collaborative Law Act. Much of bit having to do with its inclusion of some "exceptions" to the Disqualification provision of the Participation Agreement. I'd like to add a couple of thoughts to the dialogue.
This video might set the right tone for my thoughts: http://www.dailygood.org/more.php?n=3749 I viewed it and sighed a relieved smile.
Anyway, I don't like the exceptions any more than anyone who has spoken out against them. [yep, I can be a bit of a purist, okay a dogmatist ;-) ]
Certifiable?????
I've noticed lately - I get to spend way too much time googling Collaborative Practice - a growing trend that troubles me. It seems that more and more professionals, I think I've mostly noticed this among attorneys, have been asserting that they are "Certified" in Collaborative Law / Practice.
My concern is for the long term credibility and integrity of CP. To the best of my knowledge there is no organization that offers a "certification" in CP.
The ABA model rules declare that:
Do you need to start a non-profit to begin a Collaborative practice group?
Just my thoughts here... Someone asked a simple, direct question: "Do you need to set up a non-profit to get organized?" My simplest, most direct response is NO.
Beyond that, I raise a few questions for you to consider. I begin with the premise that the Collaborative process is fundamentally about Trust. We address all 3 arenas of conflict [Emotional/Financial/Legal] and in many cases 3 professions licensed in working in those arenas in order to allow the clients to feel sufficient Trust to work with each other safely.
How exactly does this new-agey approach comport with our adversarial legal system?
I recently announced the Collaborative Practice Training that we're offering in Chicago as part of the IAHL conference in June. And the title of this entry was the very first comment I received. Here's my response:
Thanks for the question, Joseph! There are two aspects to your question - "this new-agey approach" and "our adversarial system".
The "Coach" in a Collaborative Practice matter should always be a licensed Mental Health Professional
On my CollabLaw listServe, someone recently asked "whether any practice groups have professionals in dual roles such as attorney and coach/child specialist or attorney and financial professional" and some follow up questions. My reply:
There are such 'two-headed' folks throughout the Collaborative Practice community. I'm licensed as an attorney AND as a Mental Health Professional. There are also Attorney/Financials that I know of. There may even be Financial/MHPs, though I can't think of any off the top of my head.
It's more than skill sets....it's mind sets
It's been a huge joy to watch this site unfold. I'm very excited about its prospects. Can it really be only 10 years since I met J. Kim Wright??? Seems like 'always'.
Anyway, I'm here to blog about my professional "life" which is Collaborative Practice. I'll start with some of my recent thoughts about the connection with Holistic Law.
Much as I love Collaborative Practice, I am of the belief that it is not the "practice" that is the source of "salvation" for the practitioner. It is not the 4 or 6 way meetings, not the 1 or 2 coaches, not the full team or the lawyer only.....not any of the nuts and bolts.
Instead it is the Paradigm Shift. The change in the way in which the practitioner views him/herself, the client, colleagues, the nature of conflict, and what constitutes "success".




