How is information gathered in Collaborative Law?
A. The parties do not engage in expensive legal procedures to obtain information. The parties and attorneys agree from the beginning that they will produce all necessary information and documents voluntarily and in a timely fashion. Hiding documents or unnecessarily delays are not permitted. If a party is not acting in good faith and “hides the ball”, it is the duty of the attorney to work with the client to change his or her behavior and to withdraw if the behavior continues.
The clients and attorneys agree from the beginning that they will produce all necessary information and documents voluntarily and in a timely fashion. Transparency is the rule. This helps build an atmosphere of trust and cooperation and allows clients to do without formal discovery and discovery disputes and expensive legal procedures to obtain information. Secreting documents, assets or orchestrating unnecessary delays are not permitted. If a party is not acting in good faith and plays “hides the ball”, it is the duty of the collaborative attorney to work with the client to change his or her behavior. The collaborative attorney will withdraw if the behavior continues.
