Articles

Time to Add Collaborative Lawyering to the IRS's ADR Arsenal by W. Justin Hill, published in the Tax Analysts, March 1, 2010, Page 1099

Civil Collaborative Lawyers by Sherrie R. Abney published in SBOT ADR Section's Alternative Resolutions Vol. 15, No. 2, Page 21, Spring 2006

Dispelling the Seven Deadly Myths Regarding Civil Collaborative Law by Sherrie R. Abney published in SBOT ADR Section's Alternative Resolutions Vol. 17, No. 4, Page 8, Fall 2008

The Evolution of Civil Collaborative Law

Collaborative Law: What is it? Why do it? by Kevin Fuller (as adapted by the GCLC) is a short introduction to the collaborative approach to civil dispute resolution.

The First Option: Collaboration by Lawrence R. Maxwell, Jr. Why Collaboration? Are the learned lawyers trying to tell us something? This article details the essential elements of the process and updates a paper which was presented in 2004 to the 5th Annual Institute for Responsible Dispute Resolution of the State Bar of Texas ADR Section.

A New Way of Doing Business: Collaboration by Sherrie R. Abney is an in-depth description of the collaborative process.

The Development of Collaborative Law by Lawrence R. Maxwell, Jr., published in Alternative Resolutions, the publication of the ADR Section of the State Bar of Texas.

Collaborative Practice Ethics:

Legal Ethics and Collaborative Practice Ethics, by Robert F. Cochran, Jr., published in The Collaborative Review, Volume 11, Issue 3: Winter 2010, a publication of the International Academy of Collaborative Professionals.

Collaborative Lawyers' Duties to Screen the Appropriateness of Collaborative Law and Obtain Clients' Informed Consent to Use Collaborative Law, by John Lande and Forrest Steven Mosten, published in Ohio State Journal on Dispute Resolution, Vol. 25, p. 347 (2010)

Draft: Suggested Protocol to Obtain Clients' Informed Consent to Use a Collaborative Process, ABA Section of Dispute Resolution Collaborative Law Committee, October 2009, Sherrie R. Abney (Texas), John Lande (Missouri) Lawrence R. Maxwell, Jr. (Texas) ex officio, David A. Hoffman (Massachusetts) ex officio.

Draft: Summary of Ethics Rules Governing Collaborative Practice, ABA Section of Dispute Resolution Collaborative Law Committee, October, 2009, Ethics Subcommittee: Sherrie Abney (Texas), Jeanne Fahey (California), Karen Fasler (Washington), Larry Maxwell (Texas), Paula Noe (Massachusetts), Ruth Rickard (Texas); John Lande (Missouri), ex officio; David Hoffman (Massachusetts), ex officio.

Civil Collaborative Law is on the Move: But It Needs Your Help, By Lawrence R. Maxwell, Jr. and Sherrie R. Abney

Uniform Collaborative Law Act:

Executive Summary of the Texas UCLA, by Lawrence R. Maxwell, Jr., published inAlternative Resolutions, Summer 2012.

Updated Executive Summary of the Uniform Collaborative Law Act, revised November 30, 2010, by Lawrence R. Maxwell, Jr., David A. Hoffman and Linda K. Wray, Co-chairs of the ABA Section of Dispute Resolution Collaborative Law Committee.

Regulating Collaborative Law: The Uniform Collaborative Law Act Takes Shape, by Andrew Schepard and David A. Hoffman, published in Dispute Resolution, Volume 17, Number 1, Fall 2010, a publication of the ABA Section of Dispute Resolution.

Adoption of the Uniform Collaborative Law Act in Oregon: The Right Time and the Right Reasons, by Patrick Foran, puiblished in the Lewis & Clark Law Review, September 2009, Vol.13:3, a publication of the Lewis & Clark Law School.

The Uniform Collaborative Law Act, It's here, by Lawrence R. Maxwell, Jr., published inAlternative Resolutions, Fall 2009, a publication of the ADR Section of the State Bar of Texas.

Collaborative Law Documents:

Protocols of Practice for Collaborative Lawyers (Revised November, 2010) GCLC developed these Protocols of Practice as guidelines for use by licensed attorneys who are trained in the collaborative dispute resolution process. GCLC will endeavor to make revisions and add commentaries based upon comments and suggestions received.

Participation Agreement and Addendum (Revised August, 2007) The Participation Agreement provides the ground rules for the entire collaborative dispute resolution process. The Addendum is to assist the parties in making choices regarding how they wish to conduct the collaborative process.

Why is the Participation Agreement Necessary? by Sherrie R. Abney explains the importance of the agreement.

The Addendum to the Civil Collaborative Participation Agreement by Sherrie R. Abney. The addendum to the participation agreement is an important tool for the collaborative lawyer and the parties. This article explains why it is necessary and how it works.

Business and Professional Interest in Collaborative Law:
Business/Commercial:

Collaborative Law for Business Disputes? by L. Stephen Rizzieri, published Collab-o-grams, the newsletter of the Global Collaborative Law Council.

Collaborative Law Promises a Kinder, Gentler Approach to Business Disputes, by John G.Browning, published in D CEO, September/October 2009, a publication of D Magazine Partners, LP.

Using Collaborative Law to Resolve Disputes in Family Businesses, by Richard A.B. Gleiner, published in FFI Practitioner, Volume 5, November 2009, a publication of the Family Firm Institute, Inc.

Why Should Businesses Hire Settlement Counsel? by Kathy A. Bryan, President and CEO of the CPR Institute, published in the Journal of Dispute Resolution (2008), a publication of the University of Missouri School of Law.

Prescription For Sanity in Resolving Business Disputes: Civil Collaborative Practice in a Business Restructuring Case by R. Paul Faxon and Michael Zeytoonian, published in the Collaborative Law Journal, Fall 2007, a publication of the Massachusetts Collaborative Law Council.

Exploring Collaborative Law by Debra E. Branom, Electronic Data Systems Corporation's Manager, U.S. and Latin America Business Support, published in Martindale-Hubbell's Counsel to Counsel.

The Front Edge of the Wave by Nicole T. LeBoeuf, published in PLUS Journal, the publication of the Professional Liability Underwriting Society.

Construction:

Collaborative Law: It's Here and the Consensus Docs Are, Too by Lawrence R. Maxwell, Jr. and William B. Short, Jr., published in the Construction Law Journal, Winter 2008, a publication of the Construction Law Section of the State Bar of Texas.

Health Law:

The Collaborative Continuum Associated with Adverse Medical Events by Kathleen Clark, PhD, JD, MAM, published in the May 2011 edition of the International Journal of Collaborative Practices.

Collaborative Law - Disclosure is Effective on Several Fronts by Kathleen Clark, published in the July 2009 edition of PRF News, the Newsletter of Physicians Reimbursement Fund, Inc.

The Use Collaborative Law in Medical Error Situations, by Kathleen Clark, published in The Health Lawyer, the publication of the Health Law Section of the American Bar Association.

Combining Collaborative Law and Patient Safety Programs: A Proposal for the Use of Parallel Processes to Facilitate Early Detection of Safety Issues and Early Reparation for Injury-Causing and Near Miss Episodes, by Karen S. Fasler, published in Alternative Resolutions, the publication of the ADR Section of the State Bar of Texas.

Avoiding the Trauma of Courtroom Drama by Gay G. Cox, published in the Journal of Oncology Practice.

Holistic Lawyers:

Authentic Lawyering: Engaging Your Head and Your Heart by Ruth Rickard, published in the Michigan Bar Journal, June 2008.
Tax Law:Federal Tax Disputes, by W. Justin Hill, published in Viewpoints, March 1, 2010. The article provides an overview of methods used by the IRS to resolve federal tax disputes and makes an argument for the IRS's adoption of collaborative lawyering.