The American Bar Association (ABA) recently issued a turning point opinion in support of “collaborative law” agreements by attorneys.
In his “Lawyers who mediate, not litigate” article, lawyer and mediator at the Boston Law Collaborative, LLC, David A. Hoffman defines collaborative law as “widely used process in which the lawyers and clients agree that the lawyers will participate solely for the purpose of settlement negotiations and that if the case goes to court, the parties will hire new counsel.” This law originated in Minnesota in 1990 by family law attorney, Stuart Webb.
Ethics committees in Kentucky, Minnesota, North Caroline, New Jersey and Pennsylvania approved the use of collaborative law agreements earlier this year. However the Colorado Bar Association declares the process as unethical.
Collaborative law is welcomed by legal professionals and clients alike, however Hoffman points out there are risks. A primary risk is that ‘either the client or attorney may claim to be ready to negotiate but then resists settlement’. One advantage is with collaborative law comes reduced costs for mediation, arbitration and other forms of dispute resolution.
It is expected that the use of the collaborative law will now increase as the American Bar Association has endorsed process.
Here are a couple ways you can use this in your law firm marketing strategy:
1. If you have a practice focused on helping businesses, especially small ones, start to educate your clients that you offer this service. Many clients only view lawyers are necessary for trials and lawsuits. This is a great extension of your skills as a negotiator and facilitator.
2. Send out a press release to your local media about the growing trend of small businesses who want to settle things through collaborative law instead of getting bogged down in the legal system for years suing someone. Be sure you can point them to one of your clients who has used this or would be open to using this strategy over a lawsuit.
3. Write an article for a trade association (perhaps one serving your target market) on “5 mistakes executive make when suing another company” or “How to save your business $75K this year by avoiding lawsuits” or another catchy title.
Law firm marketing is a process of building a relationship with prospects, clients, and referral sources. This is a good opportunity to leverage in your efforts.