Collaborative Law Rules at Florida Supreme Court

Collaborative Law Rules Approved by Florida Supreme Court

On May 18, 2017, the Florida Supreme Court published an opinion approving collaborative law rules.  The collaborative law rules are the last step necessary before Florida’s Collaborative Law Process Act goes into effect.

The opinion approves Rule Regulating the Florida Bar 4-1.19 and Florida Family Law Rule of Procedure 12.745.

Rule Regulating the Florida Bar 4-1.19

Florida Bar Rule 4-1.19 is a rule of professional conduct.  It creates certain obligations of attorneys representing clients within the collaborative process.  Among other things, the rule requires collaborative lawyers to do the following when contemplating collaborative practice with a client:

  • Provide sufficient information about the benefits and risks of the collaborative process;
  • Explain alternatives to the collaborative process, including litigation and mediation;

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Collaborative Divorce in Tampa Bay

What Is Next Generation Divorce?

If you have done internet searches for collaborative divorce in Tampa Bay or Greater Sarasota, you have likely come across the website for Next Generation Divorce (you can find the link here).  Next Generation Divorce has many members who are family law attorneys, but it is not a law firm.  It has members who are psychologists, licensed mental health counselors, marriage and family therapists, and social workers, but it is not a therapy-related organization.  And it has members who are financial planners and C.P.A.’s, but it is not a financial planning or accounting firm.

Next Generation Divorce

Member of Next Generation Divorce

So what is Next Generation Divorce?

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Statewide Collaborative Conference in Tampa June 2017

The 5th Annual Conference of the Florida Academy of Collaborative Professionals (“FACP”) will take place in Tampa June 9-10th.  The conference is an opportunity meet like-minded professionals from throughout the state, learn cutting edge practices, gain tips for marketing and initial consultations, and learn about the impact of the Collaborative Law Process Act (Part III of Chapter 61, Florida Statutes).

FACP logo horizonatal with Tagline

Additionally, if you are a neutral and serious about improving your skills, there is a pre-conference advanced training on “Leading Clients Through Option-Building” lead by internationally renowned trainers.  This advanced training will take place on June 8.

You can learn more about the conference and register at the following link:  http://www.collaborativepracticeflorida.com/event/5th-annual-florida-academy-collaborative-professionals-conference-tampa/ 

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Collaborative Divorce: Maintaining A Safe Environment

As a collaborative lawyer, it is my obligation to provide a safe environment for my client, the family, and the collaborative team.  This obligation is not only to provide physical safety, but also the safety of the principles of collaborative practice.

Collaborative Divorce Texas (formerly known as the Collaborative Law Institute of Texas), a leading organization in the field of collaborative practice, created Protocols of Practice for Collaborative Lawyers.  Below you will find the Comment to Section 5.06: Safe Environment.

The collaborative lawyer acknowledges that a safe environment necessarily involves the following principles:

1.       Refraining from insistence on acceptance of conditions precedent to entering into the collaborative law process.

2.       Encouraging creative problem-solving and discouraging positional bargaining.

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Cordover Keynotes Panama City Collaborative Meeting

On April 21, 2017, Tampa Bay family attorney Adam B. Cordover provided a keynote address at the annual meeting of the Northwest Florida Collaborative Law Group in Panama City.  Adam spoke on the topic of “Growing Your Collaborative Practice: Doing Well By Doing Good.”

Attorneys, mental health professionals, and financial professionals from Panama City, Tallahassee, and as far away as Pensacola attended the meeting.

Here is a description of the program (And a copy of the flyer here):

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Collaborative Law Featured in Pensacola News Journal

Thanks to the efforts of dedicated family law attorneys, mental health professionals, and financial professionals, collaborative law is spreading throughout Florida, including in Pensacola.

Collaborative law, also referred to as collaborative divorce, collaborative practice, and collaborative process, is a form of private dispute resolution.  In collaborative law, each party is represented by his or her own attorney, and the lawyers are there solely to help the parties reach an agreement.  The concept behind collaborative divorce is that most people want to move on with their lives as quickly and painlessly as possible without messing up their kids.

Pensacola New Journal Features Collaborative Law

The Pensacola News Journal recently ran an article featuring collaborative practice.  You can find excerpts from the article, titled “West Coast Collaborative Law wants to make divorces friendlier,” below:

A group of Panhandle lawyers has started a nonprofit that aims to reduce the cost and emotional turmoil of divorces.

West Florida Collaborative Law has only been in existence for a few months, but Milton lawyer John Susko said the group already has more than a dozen attorneys, as well as financial and mental health professionals, who are helping grow the program.

The idea behind collaborative family law is that instead of spending time and money in courtrooms, couples talk out their divorce through mediation and back-and-forth discussion, Susko said.

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You Already Have A Prenup

Congratulations, you are getting married!  You found the person with whom you want to spend the rest of your life, and now you have a big, bright future ahead!  But now the P-word has come up: Prenup.

You and your fiance may be wondering whether to get a prenuptial agreement, also referred to as a premarital agreement.  It may be that one of you has significantly more assets than the other.  Perhaps there is a family business in play.  Maybe you have children from a prior relationship that you want to protect or you have other estate-planning needs.  Or maybe you just want to plan for all possible contingencies.

Prenup

So if you are considering a premarital agreement, there is something you should keep in mind:  You already have a prenup.

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Bitcoin and Divorce

Bitcoin and Divorce

Bitcoin is a relatively new type of currency that is not controlled by any government but rather is decentralized.  It is oftentimes referred to as a “cryptocurrency” as it is not physical.  Bitcoins are maintained in virtual “wallets” and can be transferred via QR codes.

The video below from the Wall Street Journal further explains Bitcoin:

As Bitcoin is becoming more popular, it should not be surprising that is showing up in divorce cases.  So what happens to Bitcoins in divorce?

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Advanced Collaborative Training: Cutting Edge Collaborative Practices (Erie, PA)

Cutting Edge Collaborative Practices
“Sharpening Your Skills From Initial Consult to Case Debrief”

 May 4 and May 5, 2017 | 9am – 4pm | Erie, PA

 

About

There are communities around the world in which Collaborative Practice has been embraced by professionals and clients.  One of the common elements that tie these communities together is that quality Collaborative Practitioners are never satisfied with what they know or how they apply the Collaborative Model. In this highly interactive training, learn Collaborative strategies and techniques that have been successfully implemented in communities around the U.S. and Canada. Practice leading edge methods to strengthen your Teams, provide effective feedback, and address conflict before it arises. Explore innovative techniques to help clients choose the Collaborative Process, and take the steps to build a Collaborative Practice.

Continental breakfast, light snacks, and beverages are included for each day.  Social (with light snacks) to follow on Friday after the training.

Registration Fee:

$525.00
$475.00 Register by Monday April 3.

 

Location:

Erie Yacht Club
1 Ravine Drive,
Erie, PA 16505

Trainers

Adam B. Cordover, Esq., Tampa, FL
Brian Galbraith, Esq., Barrie, ON, CAN
Kevin Scudder, Esq., Seattle, WA
Melissa Sulkowski, M.A., L.P.C., Erie, PA
Special Guest Forrest “Woody” Mosten
Participating via Skype

Trainers are all IACP Leadership Academy Graduates and Founding Members of the Peacemaking Practice Trainers

Each Trainer Exceeds IACP Trainer Standards
See Below for information on Continuing Education Credits
Sponsored by Collaborative Professionals of Northwest PA (CPNWPA.org)

Please direct any questions to Holly Kallay.  (814) 455-1301 or hollykallay@gmail.com

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Trans Name Change in Tampa Bay

Do you want your legal identity to match who you are?  At Family Diplomacy, we have been a cutting edge law firm serving the needs of LGBT clients.  We can help you apply for a change of your legal name and gender marker to sync with your gender identity.  In sum, we can help you with a trans name change.

Trans Name Change

Though Florida is often behind the times, with name changes the state is pretty liberal.  So long as your civil rights are not suspended, and you are not seeking a change of name for an illegal or ulterior purpose, your petition of change of name can be granted by a circuit court judge.

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