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The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process


Forrest Steven Mosten


UCLA School of Law

John Lande


University of Missouri School of Law

August 18, 2010

Hofstra Law Review, Vol. 38, p. 611, 2009
University of Missouri School of Law Legal Studies Research Paper No. 2010-18

Abstract:     
This Article describes how lawyers can implement the requirements of the Uniform Collaborative Law Act to obtain clients’ informed consent. The Act requires lawyers to obtain clients’ informed consent before undertaking a Collaborative representation but does not specify the information that lawyers must discuss with prospective Collaborative parties. To flesh out the Act’s requirements, this Article describes how lawyers should analyze the facts and parties’ interests, screen the appropriateness of dispute resolution processes, analyze the reasonably available dispute resolution options, and discuss the Collaborative process with clients. It specifically addresses privacy issues including privilege, confidentiality, and full disclosure requirements. This Article also suggests ways that lawyers may educate clients generally to make good decisions about dispute resolution options generally, and the Collaborative process in particular.

Number of Pages in PDF File: 24

Keywords: collaborative law, uniform collaborative, informed consent, consent, collaborative, dispute

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Date posted: August 19, 2010  

Suggested Citation

Mosten, Forrest Steven and Lande, John, The Uniform Collaborative Law Act’s Contribution to Informed Client Decision Making in Choosing a Dispute Resolution Process (August 18, 2010). Hofstra Law Review, Vol. 38, p. 611, 2009; University of Missouri School of Law Legal Studies Research Paper No. 2010-18. Available at SSRN: http://ssrn.com/abstract=1661132

Contact Information

Forrest Steven Mosten
UCLA School of Law ( email )
385 Charles E. Young Dr. East
Room 1242
Los Angeles, CA 90095-1476
United States
John Lande (Contact Author)
University of Missouri School of Law ( email )
Missouri Avenue & Conley Avenue
206 Hulston Hall
Columbia, MO 65211
United States
573-882-3914 (Phone)
573-882-3343 (Fax)
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