Missouri Bar Permits Missouri Attorneys To Engage In "Collaborative Law"
08/20/08
The practice of collaborative law is considered ethical in Missouri. Ethically, the primary concern is whether the client has given informed consent as defined by Rule 4-1.0(e). A collaborative law process is a type of limited scope representation. The attorney must clearly and thoroughly inform the client how the process works. The attorney must explain the pros and cons of the process and provide a clear, thorough explanation of the alternatives. Under Rule 4-1.2, the client must sign a written consent. If an attorney practicing collaborative law finds him or herself in an actual conflict situation, relating to this or any other issue, that attorney must withdraw or, if permissible, obtain conflict waivers consistent with the conflict rules found within Supreme Court Rule 4.
Advisory Committee of the Supreme Court of Missouri, Formal Opinion 124 (August 20, 2008)
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