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Lessons for Collaborative Lawyers and Other Dispute Resolution Professionals from Colorado Bar Association Ethics Opinion 115
ABSTRACT: In February 2007, a Colorado Bar Association ethics opinion found that four-way Collaborative Law agreements between lawyers and clients constitute per se violations of ethical rules prohibiting conflict of interest, but that similar Cooperative Law agreements do not violate the ethical rules. Although the opinion’s reasoning and conclusion are problematic, it does highlight the importance of ethical issues in Collaborative Law. It also gives recognition to Cooperative Law, which is similar to Collaborative Law, but does not involve a disqualification agreement. (The disqualification agreement precludes the parties from retaining their Collaborative Lawyers if they decide to litigate.) Adding Cooperative Law to the roster of commonly-available ADR processes has the potential to create great benefits for parties, practitioners, the dispute resolution field, and society.
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