Free The Role of the Client's Attorneys in Special Master Cases - California


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State: California
Category: Court Forms - Local
Author: Atsuko Miller
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http://www.sonomasuperiorcourt.com/forms/pdf/FamilyLaw/FL031.pdf

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The Role of the Client's Attorneys in Special Master Cases Utilizing the Special Master team to resolve parenting conflicts in families can be a successful alternative to continued litigation. For the process to effectively work for clients it requires attorneys to understand their role in the process, including how client support is rendered in a way that is different than in adversary proceedings. Both my client and I understand that successful outcomes require the attorney to understand the role of the Special Master Team and how the process is structured to bring about conflict resolution. We acknowledge that the process focuses on efforts to shift the parties away from a power based, win-lose approach, to working toward mutually agreed upon solutions, with the clear understanding that if they fail to do so, the Special Master Team will issue an order imposing a solution. It is intended to increase motivation to work with the Special Master Team to develop better modes of problem resolution. We agree not to attempt to treat the Special Master Team as another kind of judge. The attorney shall not intervene on the client's behalf with the Special Master Team, or file motions with the Court, except as provided under the terms of the Stipulation and Order appointing the Special Master Team. We understand that it is essential that attorneys direct clients to bring their questions and concerns to the Special Master Team directly. The more contentious, litigious, and frustrated the client, the stronger the pull will be on the attorney to intervene and weaken the process by interceding with the Special Master Team or the Court directly. In order to have a successful outcome the attorneys shall continue to direct the distressed or upset client back to the Special Master Team directly for resolution of the issue. This requires that the attorneys wholeheartedly feel they are supporting their client's welfare by advocating this course of action. I have read the above description of the attorney role and explained this to my client. I agree to function in this case according to the description of this role.

Name Attorney for ____________________________

Date

My Attorney has explained this to me and I understand the role of my Attorney.d

Client

Date

07/01/2009

FL031