Will I Lose My Attorney if My Case Does Not Settle?
That depends. If both parties agree at the outset that you will fire your lawyers if the case does not settle collaboratively, then your collaborative attorneys will not be available for litigation. Nor can any other member of that attorney’s firm be involved in the litigation. Many experienced collaborative practitioners believe that attorney disqualification supports settlement. In our experience, it is quite rare for a collaborative case to not result in full resolution, regardless of attorney disqualification. However, if you find everything else about a collaborative approach attractive, but you are concerned about attorney disqualification, you can have every other benefit of the collaborative approach that is available without attorney disqualification. There are considerations both for and against attorney disqualification, and these should be discussed fully with your attorney before you make a decision about your collaborative process and attorney disqualification. Regardless of your decision on this important issue, the attorneys at Griffiths Law will support you in collaborative resolution of your case, if that is your choice.