Collaborative law is a process through which attorneys work with their clients and each other during a divorce to reach a settlement and avoid litigation.
The Illinois Supreme Court has adopted a rule that allows divorcing couples to work with lawyers on a limited-scope basis to try to reach an amicable settlement and avoid litigation.
The new rule disqualifies attorneys serving in a collaborative process from representing clients if the process fails and the case goes to litigation.
The rule also stipulates that when an attorney is discharged from a collaborative process, that lawyer’s entire law firm is also disqualified from representing the client.
The collaborative process is voluntary, attorneys and other professionals involved agree to withdraw if either client pursues litigation, and lawyers agree to share information voluntarily to resolve disputes.