How does a lawyers assessment of the likely outcome of the clients case were it to be litigated affect the way the lawyer approaches a collaborative divorce case?
While the participation agreement prohibits threatening litigation, the lawyer’s advice to his or her client as to the strengths and merits of his or her claim will always include an assessment of the likely outcome if the case had to be litigated. Consideration of the law and one’s legal rights is always appropriate in analyzing what a fair and appropriate outcome in a collaborative process might be Along with this assessment, of course, will be consideration of all of the costs and risks of litigation.
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