What are the ethical considerations for attorneys in a collaborative law process?
Attorneys involved in the collaborative law process in Maryland are expected to maintain the highest levels of ethical conduct. This process allows parties to manage their own dispute resolution while being represented by their own lawyer. Each lawyer has a duty to advise and represent their respective clients in a collaborative process in good faith and with utmost integrity. At a minimum, attorneys involved must comply with the Maryland Rules of Professional Conduct. This includes maintaining the attorney-client privilege, advocating for their clients’ interests, engaging in good faith negotiations, and avoiding conflicts of interest in the collaborative process. In addition, attorneys must be aware of their clients’ needs and guide them through the process of reaching a mutually agreeable settlement. They must also use their legal expertise to ensure that the agreement is legally binding and enforceable. Finally, attorneys must exercise their professional judgment when determining whether a proposed settlement best serves their clients’ interests. They cannot encourage either party to agree to a settlement if they believe it is not in their clients’ best interests. This also includes not exploiting the power imbalance between the parties in the negotiation process.
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