Ezel / Ethics Opinions / OCBAR

May a California family lawyer sign a collaborative-law agreement requiring withdrawal if negotiations fail?

Short answer The opinion permits the described agreement as limited-scope representation, subject to competence, conflict disclosure, confidentiality, and withdrawal duties.
Bar
OCBAR
Issued
2011
Source
View official page

Apply this to your situation

This page answers the general question as of 2011. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Currency note: this opinion is from 2011
Subsequent statutory amendments, court decisions, or later opinions or rule amendments may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as an official web page) is the authoritative source for any reliance.
View original ethics opinion (official page)

Plain-English summary

The opinion addresses a four-way agreement between family-law clients and their lawyers. The lawyers participate in settlement negotiations and agree that they will not represent those clients in later litigation if the collaborative process ends without agreement.

The committee concludes that this is a permissible limit on the scope of representation, rather than an impermissible restriction on the lawyer's right to practice. It says the lawyer must competently explain the available processes and the consequences of the agreement. A potential conflict created by the arrangement can be addressed by disclosing its adverse consequences to the client.

The agreement's voluntary disclosure duties do not erase client confidentiality. The opinion says informed consent may authorize disclosure of otherwise confidential information, including financial information. If the lawyer must withdraw, the withdrawal must follow the applicable duties without prejudice beyond the consequence inherent in the agreed process.

In practice

Under the opinion's stated agreement, the lawyer's promise to leave later litigation is a permissible representation limit. The lawyer remains subject to the opinion's conditions on competence, client disclosure, confidentiality, and withdrawal.

Common questions

Q: Does the withdrawal term improperly restrict future practice?

A: No. The committee treats the term as limiting this representation to the collaborative process, rather than restricting the lawyer's practice generally.

Q: May the collaborative agreement require disclosure of financial information?

A: The opinion says the lawyer must continue to honor confidentiality and may obtain the client's informed consent for disclosure of otherwise confidential information.

Q: What happens if the process fails?

A: The opinion permits the agreed withdrawal, subject to the lawyer's duties governing withdrawal and prejudice to the client.

Background and rules framework

The opinion discusses former California Rules 3-110, 3-310, 3-100, 1-500, and 3-700 and California Family Code section 2013. Its conclusion is tied to the four-way agreement described in its factual hypothetical.

Citations and references

Rules of Professional Conduct:

  • Former California Rules 3-110, 3-310, 3-100, 1-500, and 3-700

Statutes:

  • California Family Code section 2013

Other opinions cited:

  • ABA Formal Opinion 07-447, collaborative law practice
  • Colorado Bar Association Formal Opinion 115, a differing view of collaborative law

See also

Source

What do the rules say today, for your facts?

This opinion is from 2011. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace