Whatcom Collaborative Professionals March Spring-Forward Fling

Whatcom County Courthouse, Monday March 10, 2014 from some subjectively indeterminate "time" intended to rescue daylight from the maws of morning birds everywhere until some less subjectively indeterminate time of almost exactly an hour and a half after the putative "noon" beginning.

... for purposes of minutes, let's call these "from noon to 1:30 p.m."

Present in the moment and the flesh: Laura Weight, Sandy Voit, Patrick Gallery, Adella Wright, Kira Lieberman, Roy Martin, Kira and Roy's unborn collaborative love-child, Betsy Brinson, Pat Henderson, Mike Guerrero, Penny Henderson, and Mimi Mawson.

Anticipatorily having regretted not comin': Robert Kelly (as treasurer, most likely off on some kind of bender with the two or three membership dues checks that have made it his way), Kathy Westover, Cat Zavis, Leon Henley (buried under a pile of co-dependent dependency reports), Pamela E. Englett (Out of town for the week - WHOOOO PARTY AT ENGLETTLAW**)

*DISCLAIMER - In re the above quoted "kegger" at location, Englettlaw, said comment was delivered in the manner of frolic and banter and should not be interpreted as evidence of objective or subjective intent for (a) formation of an offer of unilateral contract, nor any offer for bi- tri- or quadrilateral agreements including but not limited to (i) pacts, (ii) treaties, (iii) detentes, (iv) commercial trade agreements, (v) train-made verbal agreements re the killing of spouses by the unknown but slightly unhinged strangers met there; (b) invitational license for entry onto the premises known as Englettlaw, (c) a statement condoning the consumption of large quantities of fermented malt beverages during working hours, (d) as extension of the "parents gone = party at their 'home' " formulation, to imply or condone underage drinking, or the potential vandalism concurrent with such drinking, (e) to condone or solicit violation of relevant fire and building codes for the aforementioned commercial space, (f) any association between the aforementioned business and approval of aforementioned non-intents, (g) solicitation of a crime including but not limited to public drinking, carousing, trespassing, arson, mail fraud, smoking pot in the stairwells (as somebody sure had to have been doing around the fourth floor yesterday judging by the overwhelming stench in the mid-morning at that locale), reckless endangerment with a speedboat, mail fraud, conspiracy, tax evasion, the unlawful discharge of a laser, littering, or black market organ dealing. The aforementioned kegger is an allusory one only... THE KEG IS A LIE!! And, given the level of cautious introversion dominating the office in our fearless leader's absence, the party is pretty much fictive as well. Enter herein at your own peril! **

Absent and possibly collateral damage of the recent rip in space-time continuum (search party committee being formed as we speak): Sandra Holtzman, Eric Weight, Shannon Montoure, Kathryn Resnick.

Overture:

As the clock ticked eleventytwelve, brave time-refugees trickled in with eyes agrog and mouths agog, pilfered hour still being in insurance claims processing. Apropos of no particular diagnosis or group member, we were given a brief review of the DSM, while Patrick announced he had been living a double life all along, and is actually the infamous director Pierre La Gallerie. To our collaborative consternation, this whole Whatcom Collaborative Professionals experience has been a carefully calculated cinematic simulacrum, soon to hit the cerulean screen at Sundance and then can-canning off to Cannes. We'd like to thank the Academy, but are not sure if a note or a fruit basket is more appropriate.

Delaying the meeting for a few more lost souls, the initial cadre addressed the serious discriminatory practices of the Quebecoise, with only squeamish murmur about the brutal and insidious Les Assassin de Fateuil Roulant for fear that our absent members had perhaps "heard the squeak" and were permanently de-mapped. With collaborative shudders, we changed the topic to twitter and snapchat, but this just caused everyone over thirty (so, everyone) to break out in hives and develop migraines.

By 11 or 12 or maybe 26:15, Penny and Mimi shuffled in, revealing "It's all Penny's fault!" We're not sure just how far this "fault" extends, but I had always suspected she played some role in the 1990's time- altering move of DST to March and the resulting myopathy Monday of this particular March forward in time. Darn you, Penny. If only you were so likable!

For minutes' purposes, shall we say at 12:15, the meeting commenced Game of Collaborative Thrones Style:

Patrick opened the gamut by once again declaring himself dictator, but was immediately interrupted by a pertinacious Sandy. Having developed a bit of a crick in his own neck from performing several beheadings earlier ("ironic", in a Rain on Your Wedding Day sort of way, yes), Patrick drew upon his largesse and allowed Sandy to take the floor... for now...

**Important Family Law Update: In light of the law acknowledging same-sex marriage in Washington, those who were in Registered Domestic Partnerships prior will find their partnerships automatically converting into marriages on June 30th. These RDP couples have chance to file amended tax returns back to 2010, but deadline is April 15th for 2010. The date of RDP formation will be considered date of marriage**

The Business end of things:

As previously determined by the group, the first half of the meeting was devoted to business and the second to "professional development." The tracks were set to shift at 12:45/11:45, so we thought it fit to get on with business.

1. In-House Training - Our group had previously discussed having an in-house training/colloquium on increasing our collaborative caseload through improved intake procedures, or the "greet and convert" as some sassy member or other provided (Collaborative Law: give us all your resources, shave your head, sell some flowers at airports, and then tell us you care that much about the wagon wheel coffee table your spouse wants). We're hoping to have twenty minutes of presentation a la Roy, and the rest of the time devoted to hands on practice. This was originally conceived of as an extracurricular colloquium, but the board suggested that we schedule this for a meeting to boost attendance (snickering only slightly at our somewhat paltry March attendance while saying this).

Though time travel was discussed for a Yom Kippur training during the time that helmsman Roy would be absent, we decided that the disruptions to our time-space continuum had been sufficiently tectonic this last weekend, and perhaps we had best defer. Acknowledging that afternoons are pretty much horrible for everyone but Patrick, we relented to scheduling this In-House Training in May. A pre-training discussion was held during the professional development section of our meeting.

Where things stand: May will be devoted to an in-house training on client intake and increasing our ratio of collaborative to non-collaborative cases. (Spoiler alert: punch cards, free cotton candy, dunk-a-neutral-professional-tank games, and possibly noting that while it is merely correlational at this point, recent studies have indicated a significant increase in cancer risk in those who have never had a collaborative dissolution!!)

2. Fall Training - The board was ready to hand out the collaborative crowns, and members stepped up with only minor hems, haws and disclaimers.

The fall training is intended to focus on whetting our dispute resolution skills through interactive role playing exercises. The focus will be on working with teams to address impasse and get the process rolling again when it seems stuck. The mere mention of our first choice trainer caused her to flee the state and change careers, so we went back to thinking Joe Shaub was our guy. It appears that after our previous pre- training conversations circa 2012, Joe Shaub has yet to suddenly up and die. Granted, Joe could still be hit by a car at any time, but we are willing to take a leap of faith after our little spring forward and at least try to schedule a training with him. If the worst happens, I'm sure we can skype with him from the afterlife, right?

Laura and Roy, our patron saints of the perpetual committee commitment wisely dampened their implacable enthusiasm by volunteering to participate but not to lead. Laura will take on contacting Joe or other trainers, but sure as shootin' won't touch the location wrangling or CLE nonsense. Roy will participate, presumably as mascot (the new Training Committee's first decision to make being "what animal best represents the WCP and what are our team colors?")

The P. Hendersons (no relation) filled out the remaining slots with slightly fewer caveats and a touch more enthusiasm. Penny, for instance, has appointed herself as chair of the "absolutely *not* on a Monday" sub-committee.

Where it stands: The training is tentatively scheduled in October to focus on ADR skills and impasse. Joe Shaub is a potential trainer. It's in the committee's hands now.

3. Website -

We'd discussed creating a user portal on our website (yes, Virginia, there is a website) to give members access to a log-in section of the website where we could keep minutes, bylaws, protocols, and other things the members would like to share. All would be able to participate with a password, with the secretary having administrative control to add or delete users by fiat.

Laura had contacted our website guru who said she thought should could do it in about 4 hours at $75 an hour. The group was good with offering $300 to get this going. Laura continues to carry the torch and will contact our website lady.

Roy would like the WCP to have a Facebook page so we can all "like" it and then force our "friends" to "like" it in exchange for our "liking" their Facebook business page selling their etsy painted doily reproductions of the Millennium Falcon, and then they can barter those "likes" for maybe a page devoted to the new kale kombucha micro-brewery business etc. etc. until the WCP had spread through the collective cybernetic consciousness like liana. Which eventually will boost our google search ratings. Laura informed Roy that Facebook is like so passe and if we really want to be current, we should be looking into instagram (so that we can put implausible and odd filters on our photos of the collaborative group's various restaurant meals), snapchat (for "photos of collaborative articles that last about as long as your marriage did!"), twitter (so we may get into a well publicized beef with @justinbieber over #nonbeleibers at #SXSW rallying to #deportthebeebs), and probably Kira should jump on the mommy train and get her collaborative law baby-mama blog started now (hot-tip: numbered lists are the way to blog for an audience). The group took a vote and decided to not buy stock in facebook. Additional issues of social media management/participation was punted back to the marketing committee.

Adella then handed around a contact sheet so she could update the list of collaborative professionals and asked people to check for accuracy/inclusion. She then lost sight of it after a brief paper-related meltdown and will have to try the exercise again in future meetings.

5. (And Speaking of..) Marketing Committee Update -

The marketing committee believes that it would be great to reach out to the committee and have two- members teams volunteer to go out and give presentations. But the quandry: to whom do we present? Roy and Kira brought out the sheets of existential angst and callously tossed them at quivering members. They asked the group members to write down any and all groups, organizations, community congregations, regular poker games, D&D gamers, etc. to which we had a connection and whether we could serve as an in-road.

While a sterling idea, the inevitable result was the staggering realization that many of us, apparently, have no lives and as Roy inadvertently pointed out while expressing his disappointment in our sudden aphasia, are pathetic. While some were merely flummoxed, feeling on the spot with minds as blanks as those relentlessly void pages, others had variations the following internal dialogue: Wow, nothing... there is nothing; really? surely something, right? Something? Let's see.. I don't have a spiritual community right now (didn't me and hubs sort of talk about maybe looking into like getting into ... oh yeah Friday night was totally bad for my schedule), I'm not a member of a group anything; my friends are a farrago of strewn associates with no common ties and rarely stand each other long enough to stay in the same room; I guess I could bring two speakers to my regular workout with my one friend and her acquaintance from law school, but they're both recently married and I don't wanna imply anything there; other than a scopophiliac thrill watching my quite assuredly Canadian smuggler neighbors fill their three-car garage to the gills with everything but automobiles I don't even know my neighbors, I don't sit on any boards, my only committee is an IRB in Vancouver Washington that I skype into; and that time I tried to volunteer the Boys and Girls Club, I forgot to check back up after they didn't contact me when they said they might and (why didn't they contact me anyways, they were all like totally excited when I came in to talk to them and then said it might be a while before they could process and by that time there were like trials happening and I was kind of tired and), all those singing groups were so late in the evening I just didn't really feel up to it and then there was dance but with my arch injury I haven't even been there in like... oh my god, I'm in my thirties and life is passing me by!! After my husband drives himself off some mountain somewhere, I'll die alone eaten by wolves!!! Followed by a panicky run from the room to evade the shadow of inevitable mortality, possibly to be kept at bay with a muscle car and a new leisure suit.

Where we stand: Those of you who actually have these community connections, the marketing committee would love for you to brainstorm ideas. Any connections will do: Non-profits, book clubs, Kiwanis, church groups, cults, Fight Clubs, community centers... you name it. Let's cash in on your networking savvy.

6. Financial Professionals Protocol - SOPs. Sandy and Mike have prepared a tentative draft of the standard operating procedures for financial professionals. Since Patrick continues to profess ignorance on what on earth financial professionals actually do (my hope, especially after having wrestled with a gnarly tax return this year, is that they hopefully understand some of this byzantine series of unforeseen complications and consequences of simply having and doing anything with money, and how to exploit all that rot into long term solutions that I know for a fact I don't have the brain power to handle without ruddy tears).

While the group will review and discuss this more thoroughly at a "time" (recognizing time is mutable and irrelevant and likely came to a screeching halt in 79 A.D. if it ever existed at all) in the future, Sandy and Mike have agreed to send a short email to the group bullet- pointing what a financial team member specifically offers the collaborative process.

7. April meeting -

What with the exhaustion of time-travel pushing our originally planned in-house training back to May, we had a little bit of open time for April. Sandy had mentioned that he would be able to provide a presentation on the impacts of divorce on financial aid. Betsy had also previously raised a potential presenter to discuss the ACA and particularly how the child exemption will affect insurance coverage for children, and what subsidies apply.

Sandy will present in April. It should take an hour and fifteen minutes. If you can get it past security, popcorn is welcome.

Betsy will contact Tim Malloy and see if he's available in June. ******** Intermission

Let's review our Final Committee Tally and Revise Odds accordingly

In laying our bets for which of our very awesome members if likely to get the most overburdened by the middle of the year. A mid-quarter report:

Laura has committed to a Marketing Committee, the Bylaws Updating Committee, the kinda-sort in the Training Committee and the Get-a-Website-Portal Committee: 4 Patrick has committed to a Marketing Committee, the Bylaws Updating Committee, and the Committee to Create a Graphical Roadmap Committee: 3 Roy has committed to a Marketing Committee, the leading our May IN-House Training Committee, and the Mascot for the Training Committee Committee: 3 Rob has committed to the Bylaws Updating Committee and the run away with a couple of members dues to have a nice chocolate malt at McDonald's committee: 1.5 Pam has committed to the Bylaws Updating Committee, and the Flee the State and Attempt to Wrangle 3 Rowdy Grandchildren Committee: 1.5 Penny has committed to the Training Committee, specifically heading up the "no way on Monday" subcommittee. 1 Pat has committed to the Training Committee: 1

Adella has committed to the Leave work early to get a massage and then forget to turn her phone back on while she hides out somewhere with Infinite Jest until it's rather late and neither she nor her husband have dinner to eat but who cares because she had a massage and is cheating on her husband with a really good book anyways: (rather appropriately) infinity points

Additional factors to consider: Roy still has a baby on the way, Laura still has twins, and Patrick has previously brought the easel when needed. While we are not sure why or how, it is still all Penny's fault.

******** Professional Development - Per group decision, we dove into our Collaborative Calisthenics at quarter 'til whatever. As suggested earlier, this began with a brief brainstormer about our challenges and concerns during intake and conversion.

Roy believes that the meatiest moment is when a client first calls to inquire about legal services. In Betsy's experience, she has little difficulty getting clients interested in the process... initially. She makes a practice of contacting each potential client by telephone before meeting so that she can ascertain whether they are interested in doing a collaborative or traditional case, explaining both briefly. She encourages clients to look it up on the mighty google, share with the soon-to-be ex and go from there. Most call back. Her sticking point is the full commitment. Clients love the idea of collaboration, but stop short at signing up for a long participation agreement with daunting disqualification clauses. There's a considerable fear about "the other party" and a breakdown of trust. At the same time, if there's rapport with an attorney clients go white at the thought of having to find a new one should "the other" mess things up.

The usual Freudian "is it perhaps you who are afraid of the process" curiosities were raised and valid, but the group also recognized there is a powerful emotional element that defies a merely logical comparison between advantages and disadvantages of various approaches.

One suggestion was to inquire further and flesh out the specifics of this baseline distrust, to help assess whether it is based on elements that would genuinely undermine the collaborative process (e.g. "has your husband covertly taken out large insurance policies on you and then accidentally push you off a cliff while hiking?). At the heart of many concerns, is simply that a marriage in crisis is reticulate with profound breakdowns of trust in a person previously held in highest confidence. Leaps of faith are just a lot harder with torn tendons.

One approach to easing this essential disconcertion has been to suggest trying the initial four-way meeting before signing the contract and determining the next step from there. This has helped some of our group to raise the specific areas of distrust in an open way and to really test whether the case is bound for collaboration.

As for the process itself, some feel that if there's a team there in good faith and with excellent skills, most impasse can be surmounted. There is some question as to our confidence about that. Others also acknowledge that you just can't always succeed, particularly in a process that relies on the good faith and buy-in of all participants. Even the most successful practitioners have cases that don't work out. You can't always tell in advance. But, despite this, the success rate is relatively high. It's easy to remember "horror stories" about bad collaborative cases because collaborative cases are not the norm. Recalling that there are equally blood-curdling tales of devastating litigation or cooperative cases can bring back some perspective.

The balance of proper screening against selling the process remains an additional concern.

****

Owning the Process - The Collaborative Parents Keeping the Container in Hand

This is the year of the graphical timeline and collaborative parenting!

As Kira explained, she feels our clients look to us for leadership and we stand in the role of parents in many ways to keep the process moving. While we hope to empower our clients to make decisions about the substance, it's our responsibility to hold to the process itself and to move away from negotiation-style "veiled advocacy" to a true collaborative process.

One tool would be graphical in nature: a timeline/roadmap that every attorney can have to help orient the clients regarding where they are in the process. Others liked keeping a few reminders of our main goals for staying in collaboration (photos of the children or high end goals, essential financial facts).

Patrick will take on responsibility for designing a graphical road map, which each member will receive with funding from our treasury. Our hope is every collaborative meeting will have this timeline displayed for easy reference and view.

The other part is to take ownership of that process and facilitate movement along the roadmap as appropriate. Professionals need to be on the same team (there is a me in team, but it's backwards... think about that... not too hard). Sandy feels that the best cases are ones that involve full team participation in meeting briefly before and after meetings to make plans, share information, allocate responsibilities, and address potential snag prospectively. The shift in team consciousness will reflect the shift from a client versus client negotiation to a group project with a common goal.

As this involves having a team, the first four-way becomes another means of incorporating our commitment to the team model when clients are hesitant. Sandy suggested that neutral professionals volunteer a half hour of time to attend or skype into the first four-way to meet with the clients and discuss their role on the team. He reflects that this strategy sets client minds at ease and usually leads to hiring the full team. Roy suggests clients meet with selected professionals to determine whether there is good rapport. He does not like to passively leave the decision of whether there will be a coach to the client, but he gives the, a sense of power by letting them have a hand in determining who will be involved. As "time" wound down or forward or just did a little cha-cha to 1:30, members fled like rodents from a submerging schooner. Our business had wrapped, our professionality was developed to a certain lactic threshold, and Patrick stared confrontationally at the little clock above our table that slowed exponentially on its path to half-past "one" and/or noon. Finally, at 12:24 (after it had been 12:24 for seven or eight minutes or "hmmm is there anything else?" hemming and hawing to the rustle of papers and the fleeing of attendees, we called the meeting good and various lingering members approached various other members to discuss private business that deserves to remain private.

Until next time... Stay cool collaborators. Tune in on April 14th for Sandy's spectacular presentation!! And if you haven't set your clocks... check your cell phone, as it probably reset itself.