Karlee Stoppenhagen: Good afternoon, everybody. Welcome to our second-ever LinkedIn Live Roundtable. I’m Karlee Stoppenhagen, a managing partner in Modern Family Law, and we also have with us Brian Litzinger, managing attorney out of Washington; Craig Valentine, managing partner out of Colorado Springs; and Najmu Mohseen, managing attorney out of Dallas. We are going to be talking today about litigation versus collaboration and how that impacts the divorce process…
Brian Litzinger: Sure. I mean, litigation is kind of exactly as you described it—it’s that traditional process everyone thinks of. But I think the preconceived notions of what attorneys do when it comes to divorce taints that word a little. Most attorneys I work with do desire to keep things out of court and resolve issues directly…
Karlee Stoppenhagen: Great. Well, that sounds pretty similar to Colorado. So Craig, I’m going to pick on you next—what does litigation versus collaboration look like in our state?
Craig Valentine: Well, I think we don’t have that formalized process that Brian was talking about. In Southern Colorado, the jurisdictions I practice in, you still have to go through court processes. The dream client is someone who’s reasonable—even if the case is complex…
Karlee Stoppenhagen: And Najmu, I know Texas seems to be the Wild West—or maybe the Wild South—compared to us Westerners. Can you walk us through what collaboration versus litigation looks like in Texas?
Najmu Mohseen: Yeah, absolutely. There is a collaborative family law process in Texas, and it’s codified in the family code. But most people tend to go the traditional route. I think it’s more advantageous for a lot of people. It allows for more flexibility in resolving issues…
Karlee Stoppenhagen: There seem to be a lot of misconceptions out there. Najmu, do you hear any big ones in Texas?
Najmu Mohseen: Absolutely. One common misconception is that one attorney can represent both parties—ethically, that’s not something I would ever do. Another is that mediation equals reconciliation. That’s not the court’s goal—the goal is to separate things in a fair and just manner…
Karlee Stoppenhagen: I like that you steered away from the word “amicable.” People often assume divorce must be either mean or perfectly friendly. Craig, what misconceptions do you encounter in Colorado?
Craig Valentine: Definitely. People assume the only two options are either a nasty divorce or a perfect agreement. Good family law attorneys are always aiming for collaboration. Going to court doesn’t mean failure. It just means there’s something that couldn’t be resolved without a judge…
Karlee Stoppenhagen: Are there moments when you’re counseling your client on being collaborative even during litigation?
Craig Valentine: Absolutely. The biggest red flag is when someone says, “I want full custody.” It usually means they don’t understand what they’re asking. Judges don’t equate being a bad spouse with being a bad parent…
Brian Litzinger: I’ve seen cases where a client wants to destroy everything out of spite—run a business into the ground or stop working just to spite the other spouse. It hurts their own case and image more than anyone else…
Karlee Stoppenhagen: On the flip side, what about when a client says everything is agreed on and then things fall apart?
Brian Litzinger: Oh, absolutely. I’ve had cases derail over a China cabinet or a TV. It’s rarely about the item—it’s usually about underlying emotional issues…
Karlee Stoppenhagen: It’s never really about the Beanie Babies, is it? Let’s talk certifications. Najmu, is there specialized training in Texas for collaborative divorce?
Najmu Mohseen: Yes, there is a certification process in Texas. But honestly, much of it comes from experience and empathy. It’s important that clients feel heard—even when the dispute is about a toaster or pack of crayons…
Karlee Stoppenhagen: Brian, Craig—how about your states?
Brian Litzinger: Not in Washington. There are some organizations, but no required specialized license.
Craig Valentine: Same in Colorado—aside from the JD and passing the Bar, there’s nothing extra required.
Karlee Stoppenhagen: Good to know. Now, why do you think some attorneys escalate conflict unnecessarily?
Brian Litzinger: Every attorney sees conflict differently. Some think just sending discovery requests is aggressive. What’s important is setting realistic expectations with clients and maintaining professionalism…
Karlee Stoppenhagen: Any de-escalation tips?
Brian Litzinger: Pick up the phone. Email loses tone. A quick call can clear up so much and build stronger working relationships…
Karlee Stoppenhagen: Najmu, how do you approach pro se parties who see you as the enemy?
Najmu Mohseen: I treat them with respect and transparency. I remind them I’m not here to hurt them—just to help get the divorce done fairly. A phone call and a calm tone go a long way…
Karlee Stoppenhagen: Craig, how do you foster collaboration in your office?
Craig Valentine: It starts with hiring. We brought on an attorney I had as opposing counsel—she was collaborative, smart, and respectful. Reputation matters in this business. Once you burn a bridge, it follows you…
Karlee Stoppenhagen: Looking ahead, what positive trends are you seeing in collaborative divorce?
Brian Litzinger: More attorneys are collaborative now than five or six years ago. There’s less of the “see you in court” attitude and more willingness to solve problems together…
Najmu Mohseen: I agree. Courts are so backed up, it’s actually more time-effective to collaborate. For most people, it’s less stressful and much more efficient…
Karlee Stoppenhagen: Let’s end with a quick round—what’s your one piece of advice for clients?
Craig Valentine: Extend your former partner the grace you want them to give you. It doesn’t mean you have to agree, but it sets the tone for a better outcome…
Najmu Mohseen: Collaboration gives you more control. You know your family better than any judge. Take the opportunity to create something that works for you…
Brian Litzinger: Be honest with your attorney. If collaboration won’t work, we need to know early so we can guide you down the right path…
Karlee Stoppenhagen: Thank you all so much. Let’s go do good work—remember, the intersection of litigation and collaboration is settlement. Have a great day!