Law Office of
Brandy Baxter-Thompson

Collaborative Law Process

Several models of collaborative law exist and are effective depending on each client's needs. The two most common models in Texas are the "attorney-only" model and the "full team" model.

The "attorney-only" model involves the clients with their attorneys. No other professionals are a part of the process except for the necessary agreed upon expert. Some experts that may be necessary are real estate appraisers, business valuation experts, or child specialists. Generally, the parties meet to discuss what is necessary and agree on individual to hire to make the necessary assessment or report.

The "full team" model involves two "neutrals" in addition to the clients and attorneys. The full team is involved from the beginning of the case and work together to facilitate an agreement that is best for the parties. The two neutrals are generally a mental-health professional and a financial professional. They do not "take sides" and remain neutral through the process. Also, they will meet with the clients outside of the joint meetings to discuss issues related to their profession. This model has become the most pervasive model in Texas and has been very successful.

At the beginning of any collaborative law process, both spouses and their legal counsel sign a participation agreement. In the agreement, both parties promise to exchange all complete financial information, maintain absolute confidentiality, come to a written agreement on all issues outside of the courts, and authorize their respective legal counsel to obtain a court decision with the written agreement. The participation agreement ensures both parties act in good faith by requiring that if one of the parties withholds information or acts in bad faith, that party's attorney will withdraw from the proceedings.

Once the collaborative law process begins, both parties sit down with their attorney to discuss their goals. At the first joint meeting, both parties sit down with their attorneys to begin negotiations. During negotiation, all issues are open for discussion. After a settlement is agreed upon, the attorneys file the written agreement with the court.

A collaborative divorce is about determining the goals of each party and helping model a solution that fits within both parties' goals. It is important that both parties involved in a collaborative divorce commit to work honestly, respectfully, and in good faith in order to come to an agreement that benefits both parties.

Dallas attorney Brandy Baxter-Thompson offers legal counsel in a number of family law issues including divorce law, child support, child custody law, and collaborative law, as well as probate services including wills and estate law. Brandy Baxter-Thompson offers legal counsel in Dallas County, Collin County, and Rockwall County and in Dallas, Rockwall, and Plano.