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Settlement Tips

The Spectrum of Advocacy 

11/19/2016

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At the one end of the spectrum is a relatively low level of advocacy which we may call Facilitative Advocacy. At this end of the spectrum the clients can speak for themselves, the lawyers facilitate and provide information, the lawyer/client relationship is relatively detached and there is a greater focus on interests as opposed to the law.

At the other end of the spectrum is a relatively high level of advocacy which we may call 
Partisan Advocacy. At this end of the spectrum, lawyers may often speak for the client and provide opinions, recommendations and advice. The lawyers advocate for adaptations to the process, including more individual work with clients and negotiations away from the table.  The lawyer/ client relationship has a high level of intensity or intimacy and the negotiations are often more legally based.

It is important to assess the advocacy needs of our client so that we can provide flexible, customized advocacy to each and every client.  As long as we remain true to the essential 
qualities of collaborative practice, we can help our clients achieve their goals even in some of our most challenging files.
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    Deborah Graham

    Collaborative Family Lawyer, Accredited Family Mediator,
    Trainer and Facilitator 

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