Legislative Wrap-Up, 0113 ALBJ, 74 The Alabama Lawyer 76 (2013)

• Author: Othni J. Lathram

LEGISLATIVE WRAP-UP

Vol. 74 No. 1 Pg. 76

Alabama Bar Lawyer

January 2013

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0 Othni J. Lathram

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Institute's Core Mission Remains the Same

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The year 2012 was a very exciting and busy for the Alabama Law Institute. While it was a year of transformation and change in some respects, the core values, function and work of the institute are as strong as ever. This steadfastness is due to the strong leadership and loyalty provided by our officers, council, membership and staff. It is with great pride that I am able to report on the institute's activities as follows.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The institute's core mission remains to simplify and improve the laws of the State of Alabama through a systematic process of considering, drafting and reviewing proposed legislation for presentment to the legislature. This is made possible through the tireless efforts of lawyers throughout Alabama who are willing to donate their time serving on institute committees that do this work. In fiscal year 2012, more than 5, 950 hours were donated by lawyers representing nearly every county in Alabama.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0This tremendous commitment by the members of the Alabama State Bar results in proposed legislation that is practical and meaningful and which lacks the potential of unintended consequences. Currently the institute is studying the following acts of areas of law:

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Uniform Collaborative Law Act

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Chaired by Senator Cam Ward with Penny Davis serving as reporter

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Collaborative law is a voluntary process in which the lawyers and clients agree that the lawyers will represent the clients solely for purposes of settlement, and that the clients will hire new counsel if the case does not settle. The parties and their lawyers work together to find an equitable resolution of a dispute, retaining experts as necessary. No one is required to participate, and parties are free to terminate the process at anytime. The Act includes explicit informed-consent requirements for parties to enter into collaborative law with an understanding of the costs and benefits of participation. The process is intended to promote full and open disclosure; information disclosed in a collaborative process, which is not otherwise discoverable, is privileged against use in any subsequent litigation.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0The collaborative law process provides lawyers and clients with an important, useful and cost-effective option for amicable, non-adversarial dispute resolution. Like mediation, it promotes problem-solving and permits solutions not possible in litigation or arbitration.

\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0\xA0Limited Liability Company Act (LLC)

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