Withdrawal of Other Team Member. Any other Team member may deem it appropriate to withdraw from the case for any reason set out in Paragraph 9.D. He or she agrees to do so by a written Notice of Withdrawal to his or her client, the attorneys and to all other professionals involved. This may be done without terminating the status of the case as a Collaborative case. Within thirty (30) days thereafter, the parties will use their best efforts to reach agreement on whether to replace the withdrawing Team member with another professional, in which case a new Team Pledge must be executed, or proceed without replacing such professional. Transition of Files. Each party understands that, if the Collaborative Law Process terminates, each party: (i) has the right to his or her file from his or her attorney, and may direct that his or her file be provided to a successor attorney; (ii) is generally entitled to the divorce coach’s file; and (iii) is entitled to the financial reports prepared by the financial professional if the party has complied with terms of payment. In such a case, the Collaborative attorney is authorized to disclose communications made during the Collaborative Process to any successor attorney, if so requested by the party.
Withdrawal of Other Team Member. Any other team member may deem it appropriate to withdraw from the case for any reason set out in Section 11,A. He or she agrees to do so by a written Notice of Withdrawal to his or her client, the attorneys and to all other professionals involved. This may be done without terminating the status of the case as a Collaborative case. Within 30 days thereafter, the parties will use their best efforts to reach agreement on whether to replace the withdrawing team member with another professional, in which case a new Team Pledge must be executed, or proceed without replacing such professional. Termination of Collaborative Process The Collaborative Process is concluded by resolution by the parties of their issues, or a portion of their issues, by a signed agreement. The Collaborative Process must be terminated if any of the following occurs: (i) if either party gives notice to the other party or team members that he or she is terminating the process; (ii) when either party commences a contested litigation matter against the other party that is related to the Collaborative Process; (iii) if either party requests to lift a stay of litigation that has been stayed in order to commence the Collaborative Process, or otherwise initiates or resumes an action inconsistent with the stay; or, (iv) if a party discharges his or her Collaborative attorney, or a Collaborative attorney withdraws, and is not replaced within 30 days after such discharge or withdrawal in accordance with the procedure provided in paragraph 11.A. above. The waiting period described in paragraph 10 above does not apply to termination under (ii) or (iii) of this paragraph. [IF THE UNIFORM COLLABORATIVE LAW ACT IS PASSED, ADD THE FOLLOWING SECTION] “EMERGENCY ORDERS Notwithstanding 2.A above, during a Collaborative Process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party, child of a party, relative, domestic partner, or other person protected by the civil protection order statute, [ e.g., D. C. CODE § 16-1001 et seq.],, even though no notice of termination of the Collaborative Process has been given. The Collaborative Process terminates if a party seeks such an emergency order. Notwithstanding 2.B above, a Collaborative attorney is authorized to seek or defend an application for an emergency order described in 13.A despite the termination of the Collaborative Process for so long as a successor attorney is not immediately available and reasonable measures...
Withdrawal of Other Team Member. If another team member deems it appropriate to withdraw from the case for any reason except those set out in 12.B. below, he or she agrees to do so by a written notice of withdrawal to his or her client, the attorneys and to all other professionals involved. This may be done without terminating the Collaborative Process. The parties will use their best efforts to reach agreement on whether to replace the withdrawing team member with another professional, or proceed without replacing such professional.
