https://papers.ssrn.com/sol3/papers.cfm?abstract_id=913050

This article focuses on the clash between collaborative law and legal ethics. According to the author, the growth of collaborative law is hampered by questions of compatibility with rules of professional ethics. Issues regarding zealous advocacy, candor, termination of the process, and confidentiality are the larger concerns at hand. The author discusses the effectiveness of the statutory and state bar response to collaborative law and uses them to inform the proposed rule he has drafted.

The author's proposal is critiqued in "Principles for Policymaking About Collaborative Law and Other ADR Processes", by John Lande, Ohio State Journal on Dispute Resolution, Vol.22(3). The author published a subsequent response to Lande's critique, "Why We Still Need a Model Rule for Collaborative Law: A Reply to Professor Lande" in the same edition of the journal.