Collaborative Professionals of Washington 10 th Annual Training - PDF document

Collaborative Professionals of Washington 10 th Annual Training Conference March 10-11, 2017 THANK YOU TO OUR CURRENT CONFERENCE SPONSORS: Anne Lucas, Kevin Scudder, David A. Strickland, Laura Weight Cyprus Collaborative Solutions, King County Collaborative Law, The Schwarz~Garrison Law Firm Presentation Summaries WSBA Approved 9 CLE credits. CEU credits expected. TRACK 1 Day 1 9:00-10:30 Collaborative Practice and the Ethics of Concern for Third Parties Presenter: Joseph Shaub, J.D., M.A. Mr. Shaub is a Licensed Marriage and Family Therapist in private practice. His practice primarily concentrates in providing Emotionally Focused Couples Therapy and individual counseling; collaborative coaching services and divorce mediation. He is an attorney in private practice concentrating in support and representation of Mental Health Professionals; unbundled legal divorce services and mediation. He has served as a Visiting Professor of Law, Seattle University School of Law, supervising the Family Law Clinic in the Ronald A. Peterson Law Clinic (Spring Semester, 2008), Lecturer, University of Washington School of Law, teaching Interviewing and Counseling (1999-2013); Solo and Small Firm Practice/Practical and Ethical Issues (2001-2007); Negotiation (2003) Adjunct Instructor, Antioch University/Seattle in Family Systems, Divorce Counseling and Ethics (1995-1999) and a Principal Trainer, Basic 12- Hour Collaborative Law Training as approved by the IACP Continuing Education Provider for both mental health professionals and attorneys for the past 25 years. Ethics, Personal Developmental and Mental Health, Professional Development. CPW 10 th Annual Training Conference Presentation Summaries Page 1 of 10

Description of Workshop: Collaborative Practice runs into the age old directive that attorney’s owe a singular duty to their clients. Trained in the adversarial ethic, litigators contend that the underpinnings of Collaborative Practice run afoul of basic ethic responsibilities. But is that true? This Workshop explores, unpacks and rejects the soundness of the adversarial ethic. In the early 19 th century, Lord Henry Brougham stated the attorney’s fundamental duty of sole and singular loyalty to their client. This rather suspect proclamation traveled across the Atlantic and found some fertile – and some rocky – soil in the legal establishment of the United States. The duty of “zealous advocacy” was explicitly stated in the ABA ethical code in 1908, but in subsequent years it was removed. Yet, this value has formed the cornerstone for conventional legal ethical decision-making to this day. This workshop will describe this history and the evolution of the adversarial ethic to the present, the arguments against this ethic by legal scholars and how this shift impacts the work collaborative lawyers may do. The workshop will be broken down into an initial hour of didactic presentation with the remaining half hour to involve discussion, particularly the question of when does a client’s interests include the wellbeing of others and how can we express this professional philosophy and legal position in the materials we provide legal clients and the language or attorney fee agreement/professional engagement contacts. Learning Objectives. a. Trace the history of the adversarial ethic b. Provide collaborative attorneys with authority and support for collaborative practice c. Establish the ethical support for an attorney’s concern for third party’s interests. TRACK 1 Day 1 10:45 a.m.-12:15 p.m. Ethics Café’ Facilitators: Loretta Story, J.D. and Kevin Scudder J.D. Ethics Description: In this workshop the goal is to explore the range of considerations that bear on ethical questions that arise in our Collaborative Practices. Using the Rules of Professional Conduct and the Uniform Collaborative Law Act as backdrops, we will consider factual scenarios from actual ca ses to see whether there are “clear” answers to questions that arise in our practices. We are not searching for the “correct” answer. Instead our learning will come from a dialogue on the nuances and considerations that bear on the questions being posed. CPW 10 th Annual Training Conference Presentation Summaries Page 2 of 10

Participants are asked to join this workshop from a place of curiosity to enable exploration of different ideas, approaches, and perspectives. When considering the questions that are presented, please ask yourself: Are there circumstances or considerations that would cause you to reach a different conclusion? How might you address this type of question with the professionals or client(s)? TRACK 1 Day 1 1:15 p.m. -4:30 p.m. When Collaborative Practice Collides with the Hardball Negotiator Presenter: Mark Weiss, J.D. University of Washington, Bachelor of Arts in political science, Northwestern College of Law, Lewis & Clark College, Juris Doctor (1987); ongoing and significant continuing education in substantive legal topics, and workshops/classes mediation, negotiation, interdisciplinary team work, Collaborative Law, counseling, relationships, psychology, finance, and other topics related to working with families in transition. Professional Development Description: Untasteful as it may be, sooner or later you will likely encounter someone who resorts to using hardball negotiation tactics in Collaborative matters. It could be a client or a professional. The tactics might be subtle or obvious. How do you identify these tactics, and respond while maintaining integrity, client interests, and the principles of the Collaborative process? In this workshop, we will identify several hardcore negotiation tactics and explore ways in which different members of the professional team might respond while upholding the principles of the Collaborative process. Learning Objectives: When a person engages in hardball negotiation, the negotiation has become positional/distributive. This workshop will help Collaborative professionals identify common positional tactics which might derail the process. It will then also help them respond appropriately to the circumstances, with a focus on returning to an integrative negotiation style (such as interest-based). TRACK ONE Day Two 9:00 a.m. – 1:15 p.m. (lunch break included) A Peacemaker’s Signature – Aligning Values, Interests, and Practice Presenters: Adam Cordover, J.D. , M.A. Tampa Florida and Brian Galbraith, B.A., L.L.B., LL.M Barrie, Ontario, Canada CPW 10 th Annual Training Conference Presentation Summaries Page 3 of 10

Both presenters are graduates of the Leadership Academy of the International Academy of Collaborative Professionals and founding members of the Peacemakers Training Alliance Professional Development Description : A Peacemaker’s Signature aligns the professional’s values with client interests, and it represents services offered. It further allows you to differentiate your practice. This interactive workshop utilizes assessment tools to help you develop a Peacemaker’s Signature. A clear Peacemaker’s Signature is a cornerstone to building a successful, sati sfying collaborative practice. Do you want to add collaborative practice to your family dispute resolution repertoire or do you aspire to be a full-time peacemaker? Either way, it is important to consider the current state of your practice. Exploring how your current practice aligns with your values, how you want others to view your practice, and how you differentiate yourself from others is essential. Equally important is ensuring that your signature is congruent with the goals and interests of the clients you wish to serve. Clients desire services that are cost-effective, lead to a timely resolution, and transform the conflict into peace. This highly interactive workshop will engage participants in various exercises to help them focus on the develop ment of their own Peacemaker’s Signature leading to the ability to better articulate who they are, what they do, and what makes their practices different. Furthermore, they will consider how their signature coalesces with the client’s goals and interests. Developing a Peacemaker’s Signature is a central step to building and growing a successful collaborative practice. Learning Objectives : Participants will learn to:  Identify and articulate their values; Assess their peacemaking practice preferences and styles; Differentiate their collaborative practice in the marketplace and how it is in line with the values of their clients; and Develop a Peacemaker’s Signature. The workshop will include elements of lecture, self-assessment exercises, small group discussions, interaction between the audience and the presenters, and sharing by the audience. TRACK 2 Day 1 9-10:30 a.m. The Cost of Collaboration: Achievements Made and To Be Made Presenter: Kevin Scudder, JD Presenter Bio: Kevin R. Scudder is a graduate of Hampshire College (1983) in Amherst, Massachusetts and of the University of Washington School of Law (1986). Since 1995 he has been working in Seattle, Washington as a sole practitioner with an emphasis on family law, estate planning, and plaintiff personal injury work. Law and Legal Proceedings, Professional Development, Improving the Legal System. CPW 10 th Annual Training Conference Presentation Summaries Page 4 of 10