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New....... Is Collaborative Law Simply A Resting Place for Weary Lawyers? Michael Lowy, Collaborative Law Attorney |
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How
do you "collaborate" when no one will talk to you? Two collaborative law attorneys, Michael Lowy and Ron Romines, shared private client emails behind my back in a collaborative case in which I hired Michael Lowy to represent me. I found out when my file was returned to me, though this had taken place over a year prior. The emails froze the case and Michael ended his communications with me although I remained in the dark as to what was going on. Because of a stellar marketing campaign a huge misperception has arisen that collaborative law is a communication process that facilitates a win- win for all parties. Despite the impossibility of a win-win when there are two opposing agendas, and the very real danger of no record of the meetings, collaborative has made a name for itself, although disappointed participants are beginning to tell their stories. These pages represent my shock and awe at the difference between the hype and the facts. The Jungian background of Pauline Tesler, chief architect of disinformation about collaborative law, has brought a slew of outdated psychobabble to the table. It creates a wall of jargon and anyone looking for proof that collaborative is a panacea will not find it. Michael Lowy refused to communicate with me for seven, eight, nine months at a time. The collaborative case was clearly in free fall. He had an obligation to recognize this and communicate and problem solve. He did none of that. The CA Bar is clear that an attorney may not abandon a client. Sometimes you are all alone in your case. Buyer beware. BAR COMPLAINT Auguest 20, 2008 Office of the Chief Trial Counsel/Intake The State Bar of California 1149 South Hill Street Los Angeles, California 90015-2299. Office of the Chief Trial Counsel, THE COMPLAINT This complaint to the California State Bar is against attorney Michael Lowy, SBN 92241, 2600 El Camino Real Suite 506, Palo Alto, CA 94306. Mr. Lowy has a solo practice. BAR COMPLAINT COMING SOON. I want the CA Bar to see it first. Is Collaborative Law Simply A Resting Place for Weary Lawyers? These pages are here for those who wonder, "Should I use collaborative law?" and to balance the over marketing and hype of collaborative law from other sources. We are lucky to have the ability to share stories as we could not do before. It will change the face of the law over time, making it more open, honest, transparent and client centered. The client will be in control, not the attorneys. Collaborative law, circa 2008 is a failure. As older lawyers retire and the younger ones come in with tech knowledge it will be used. Clients will have more control as they should and their words will not be lost along with their rights due to no court reporter. There will be more accountability of attorneys. All sessions should be on tape or done via a group sharing network on the computer. Collab- orative law is from a different century, it is a holdout of old attorney centered power and hierarchy times. SOLUTION Is there something better than sitting in a room with 2 tired lawyers at $450 and hour? ABSOLUTELY! Recently, 2 people I know in Palo Alto, mid to late 50's males, with homes and assets, did their own divorce for under $500.00. That's two couples who together kept at least $150,000 out of the Palo Alto legal community. YOU CAN DO IT TOO! These couples know what you need to know: treat divorce as business, split the assets, not the kids, and put the money in YOUR bank account and not the attorney and their consultants. There is a reason attorneys are running to family law and especally collaborative: it makes then a great deal of money. With very little work. WHY YOU WANT TO DO IT YOURSELF: For a look at a behind the scenes look at divorce in Palo Alto, with attorney Jeffrey Kaufman as opposing counsel, see the book one person said is "the most eye opening divorce book, right next to attorney Williman Eddy's." How did a stay at home mom, in a case with no assets get dragged into a huge Silicon Valley court battle up against one of Palo Alto's most dishonest attorneys and end up winning at trial and on appeal? Find out at DIVORCE BOOK: Behind the Scenes of a Divorce. Download instantly with purchase and receive an UPDATE and BONUS book also. DIVORCE: THE REAL TRUTH, THE HIDDEN DANGERS |
| Date: Fri, 9 Jun 2006
12:02:15 -0700 From: "Ann Bradley" <ann.bradley@gmail.com> To: "Michael Lowy" <lowylaw@yahoo.com> Subject: have not heard from you Dear Mike, I would like to know if it is possible that you will never respond again? Let me tell you what I do. I hear from you and you tell me you will get back to me - a day.. a week, or sometimes no time is mentioned. I wait. ...unlike other attorneys I have had you are not one to return calls or answer emails or respond quickly. Sometimes you simply fail to respond. I have an email from Jody apologizing for the fact you don't return my phone calls. So, I wait. But nothing happens. I give you extra time...days, weeks, sometimes even months. On Feb 23, 2006 you emailed me that you were contacting Ron and would let me know what he said. I didn't hear back. In April I finally contacted you. I would have done so sooner, but I spent the entire time quite ill with high fevers and bacterial infections throughout my body. Here we are at the end of the week in which you promised to get back to me and I have not heard from you despite several requests. I have asked you what we are doing. I remember the letter you wrote saying you were not sure if the process could work with someone like Jim who committed so much fraud. I'm not sure the process can work with someone like me who expects respect for truth and the law and acknowledgement through action of my years of attempts at cooperation, communication, negotiations and settlement. It appears this is too much to ask and instead we need to ignore common sense in some male bonding experience that once again allows Jim to proceed without regards to the law, my needs or ethics and absolute silence when I speak forthrightly and honestly. It would be kind of you to respond. Ann |
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Mike liked to say, "Let the
process
work." It must have had a terminal illness. It failed to work.
Eventuallly, with the process not working, Mike began to ignore me. I attempted to communicate via email and phone. I got no response for over seven months. Mike liked to tell us how great the process was. Full of integrity, honesty, truth. Since none of them were in play it turns out that the process is an idealized and unrealistic version of the legal arena. The process is simply not constructed well. Lawyers like it, but clients do not. Collaborative law, like all secrets, is hidden from the light of truth. No one is protected behind the doors. Except the attorneys. No court reporter. No laws need be followed. Mike told me this many times, and each time it bothered me more. Legal misconduct
takes many forms. Billable hours do too. Michael Lowy chose to ignore
Principles and Guidelines of Collaborative Law, but he didn't ignore
billing.
Thanks to the Austin, Texas Bar attorneys for this very funny look at legal billing practices. |
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