AGREEMENTS BETWEEN ATTORNEYS JACK W. MARREDUCATION J. D., Texas Tech University School of Law. Graduated, May 1974. Bachelor of Business Administration, Finance Major, Texas Tech University

AGREEMENTS BETWEEN ATTORNEYS

JACK W. MARRMarr, Meier & Bradicich, L.L.P.

P. O. Box 550Victoria, Texas 77902-0550

361-573-4344Fax: 361-573-1040

State Bar Of TexasADVANCED FAMILY LAW DRAFTING COURSE 2002

December 12-13, 2002New Orleans, Louisiana

CHAPTER 3

JACK W. MARRAttorney at Law

MARR, MEIER & BRADICICH, L.L.P.200 First Victoria National Bank Building

P.O. Box 550Victoria, Texas 77902-0550

(361) 573-4344

PROFESSIONAL Admitted to practice in Texas, October 22, 1974.BACKGROUND

Licensed to practice, U.S. Supreme Court, May 14, 1979.

Board Certified in Family Law, Texas Board of Legal Specialization, State Bar ofTexas.

Marr, Meier & Bradicich, L.L.P., Attorneys at Law, Victoria, Texas, September1, 1974 to present.

EDUCATION J. D., Texas Tech University School of Law. Graduated, May 1974.

Bachelor of Business Administration, Finance Major, Texas Tech University.Graduated, May 1971.

PROFESSIONAL Member in good standing, State Bar of Texas.ASSOCIATIONS

Member, The College of the State Bar of Texas.

President, Texas Academy of Family Law Specialists (1994-1995).

Member, Family Law Council, State Bar of Texas.Secretary - 1996 - 97Treasurer - 1997 - 98Vice-Chair - 1998 - 99Chair-Elect - 1999 - 00Chair - 2000-01Past Chair - 2001-02

Member, Texas Family Code, Title 2 Revision Sub-Committee of LegislativeCommittee of Family Law Council, State Bar of Texas.

Member, Texas Family Code, Title 1 Revision Sub-Committee of LegislativeCommittee of Family Law Council, State Bar of Texas.

Member, Alimony Study Committee, Family Law Council, State Bar of Texas.

Member, Family Law Practice Manual Committee, Family Law Council, StateBar of Texas.

CAREER Faculty member and course director: Various seminars sponsored byHIGHLIGHTS the State Bar of Texas, Texas Academy of Family Law Specialists, South Texas

College of Law and American Academy of Matrimonial Lawyers.

Recipient - Dan R. Price Award for Outstanding Contributions to Family Law -1995.

Agreements Between Attorneys Chapter 3

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TABLE OF CONTENTS

I. SCOPE OF ARTICLE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1II. AGREEMENTS BETWEEN ATTORNEYS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

A. Agreements Must Be in Writing or Made in Open Court. . . . . . . . . . . . 1B. Enforcement of Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

1. Consent Judgment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Enforcement of Agreement as Contract. . . . . . . . . . . . . . . . . . . . . . . . . 23. Pertinent Family Code Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

a. Agreements for Property Division . . . . . . . . . . . . . . . . . . . . . . 2b. Agreement Concerning Conservatorship . . . . . . . . . . . . . . . . . . 3c. Agreements Concerning Support . . . . . . . . . . . . . . . . . . . . . . . 3d. Mediated Settlement Agreements . . . . . . . . . . . . . . . . . . . . . . . 3e. Collaborative Law Agreements. . . . . . . . . . . . . . . . . . . . . . . . . 3

III. ETHICAL CONSIDERATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4A. Client Authorizes Agreement—Consent Withdrawn . . . . . . . . . . . . . . . . 4

1. What Must the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42. What Can the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

B. Client Conceals Facts Material to Agreement . . . . . . . . . . . . . . . . . . . . . 51. What Must the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52. What May the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

C. Unreasonable Client . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51. What Must the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52. What Can the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

D. Scrupulous Drafting — Don’t Add Details . . . . . . . . . . . . . . . . . . . . . . . . 61. What Must the Attorney Do ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62. What Can the Attorney Do? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

E. Drafting Aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

APPENDICES:

A. Argument For Temporary Orders Per Rule 11, Texas Rules Of Civil Procedure . . . . . . 8B. Settlement Agreement Per Rule 11, Texas Rules Of Civil Procedure . . . . . . . . . . . . . 25C. Mediated Settlement Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40D. Collaborative Law Participation Agreement: Separation Marriage Dissolution . . . . . . . 41E. Special Master/Arbitrator Provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52


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AGREEMENT BETWEENATTORNEYS

I. SCOPE OF ARTICLEThis article does include, as appendices, a few

forms which are relevant and, hopefully, ofassistance to the practitioner. However, the primarythrust of this article is the legal and ethicalconsiderations with respect to the creation,compliance and enforcement of agreementsbetween attorneys on behalf of their clients.

II. AGREEMENTS BETWEENATTORNEYSAttorneys frequently enter into agreements on

behalf of their clients in order to facilitate therepresentation, or settlement, of cases. In the familylaw context, these agreements range from suchsimple matters as arranging for deposition schedulesto settlement of the case in chief. Review of casesenforcing agreements between attorneysdemonstrates the importance of memorializing theterms of the agreement in writing or on the officialrecord of the case.

A. Agreements Must Be in Writing or Madein Open Court.Rule 11, TEX. R. CIV. P. states:"Unless otherwise provided in these rules, noagreement between attorneys or partiestouching any suit pending will be enforcedunless it be in writing, signed and filed with thepapers as part of the record, or unless it bemade in open court and entered of record."Amended by order of July 15, 1987, eff. Jan. 1,1988.Rule 11 is not new to the procedural

jurisprudence of Texas. Its origin can be found inDistrict court Rule 18, Adopted in 1840 under thelaws of the Republic of Texas and recodified asDistrict and County Court Rule 47 in 1877 pursuantto the authority granted in Article V, Section 25 ofthe Texas Constitution. Kennedy v. Hyde, 682SW.2nd 525 (Tex. 1984). The rationale of the ruleis succinctly stated as follows:

"Agreements of counsel, respecting thedisposition of causes, which are merely verbal,

are very liable to be misconstrued or forgotten,and to beget misunderstandings andcontroversies; and hence there is greatpropriety in the rule which requires that allagreements of counsel respecting their causesshall be in writing, and if not, the court will notenforce them. They will then speak forthemselves, and the court can judge of theirimport, and proceed to act upon them withsafety. The rule is a salutary one, and ought tobe adhered to whenever counsel disagree as towhat has transpired between them." Birdwellv. Cox, 18 Tex. 535 (1857).Rule 11 is a minimum requirement for

enforcement of all agreements concerning pendingsuits, including, but not limited to, agreed judgments.Hyde, supra.

No specific form of "written" agreement isrequired. The written memorandum must becomplete within itself in every material detail andmust contain all the essential elements of theagreement, so that the agreement can be ascertainedfrom the writings without resorting to oral testimony.The written agreement need not be contained in onedocument. Padilla v. LaFrance, 907 S.W.2d 454(Tex. 1995). A series of letters exchanged betweenattorneys has been held to satisfy the "in writing"requirement of Rule 11. LaFrance, supra;Southwestern Bell Telephone Company v. Perez,904 S.W.2d 817 (Tex. 1995).

The alternative to the requirement of a writtenmemorandum is a verbal recitation of the terms ofthe agreement in open court. See Ronin v. Lerner,7 S.W.3d 883 (Tex. App—Houston [1st Dist.] 1999,no pet.).

B. Enforcement of AgreementThe agreement may be enforced by entry of a

consent order, where appropriate, or by suit toenforce the agreement as a contract.

1. Consent Judgment.A consent judgment based upon the agreement

may be rendered. However, the mutual consent ofeach party must exist at the moment the courtundertakes to make the agreement the judgment ofthe court. Kelley v. Pirtle, 826 S.W.2d 653 (Tex.App.—Texarkana [6th Dist.] 1992, writ denied).

http://www.TexasBarCLE.com/CLE/PMCasemaker.asp?table=TX_caselaw&volume=907&edition=S.W.2d&page=454&id=57401_01





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Mere approval of the agreement is not rendition.Abel Cabling Services, Inc. v. Aaron-CarterElectric, Inc., 16 S.W.3d 98 (Tex. App.—Houston[1st Dist.] 2000, pet. denied); also see S & ARestaurant Corporation v. Leal, 892 S.W.2d 855(Tex. 1995).

In the case of agreements to settle a case, thetrial court’s action with respect to the agreement iscrucial. If the court merely approves the agreement,indicating a future intent to render (i.e. rendition willbe upon presentation and signing of a final decree)either party may withdraw their consent to theagreement, thereby depriving the court of theauthority to render a consent judgment. Pirtle,supra; Leal, supra. The words used by the courtmust clearly indicate the intent to render judgment atthe time the words are used. Leal, supra; Aaron-Carter Electric, Inc., supra. Cases demonstratingstatements by the court which constitute renditionare Pirtle, supra and Galerie D’Tile, Inc. v. Shinn,792 S.W.2d 792 (Tex. App.—Houston [1st Dist.]1990, no writ). Cases indicating no intent to renderare Leal, supra; and Aaron-Carter Electric, Inc.,supra. In order to avoid confusion regarding thecourt’s intention, it is good practice for the attorneyto ask the court if it is "rendering" judgment on theagreement at the time the agreement is presentedand to obtain an affirmative response from the court.See Shinn, supra.

In rendering judgment on the agreement, thejudgment must reflect the terms of the agreement.The trial court has no power to supply terms,provisions or details not previously agreed to by theparties. Tinney v. Willingham, 897 S.W.2d 543(Tex. App.—Ft. Worth [2nd Dist.] 1995, no writ).However, the parties are not required to dictate andagree upon all provisions to be contained in thedocuments necessary to effectuate the purposes ofthe settlement. The parties are only required toreach an agreement as to all material terms of theagreement. McLendon v. McLendon, 847 S.W.2d601 (Tex. App.—Dallas [5th Dist] 1992, writdenied).

2. Enforcement of Agreement as Contract.If a party withdraws their consent to the

agreement prior to rendition of a consent order ordecree based upon the agreement, the agreement

may still be enforced as a contract. LaFrance,supra.

In order to enforce the agreement, there mustbe compliance with Rule 11, TEX. R. CIV. PRO. Thewritten agreement must be filed with the court.However, Rule 11 does not require that theagreement be filed prior to the time one partywithdraws their consent. LaFrance, supra. Filingof the agreement can be contemporaneous with thefiling of pleadings seeking enforcement of theagreement. LaFrance (Settlement letters filed withMotion for Summary Judgment), supra; Perez(Agreement attached to Motion to CompelDiscovery), supra.

If the trial court, in which the agreement wasreached, still has jurisdiction of the case, thepleadings of the party seeking enforcement of theagreement can be amended to allege the breach ofcontract (agreement) and seek enforcement of theagreement. If the trial court has lost jurisdiction,then a new suit for breach of contract, with a newcause number, must be filed. Mantas v. The FifthCourt of Appeals, 925 S.W.2d 656 (Tex. 1996);LaFrance, supra; Lerner, supra; CompaniaFinanciana Libano, S.A. v. Hensley, 53 S.W.3d 365(Tex. 2001).

Should the settlement occur during appeal, theCourt of Appeals has no jurisdiction to enforce theagreement if consent is withdrawn before the appealis dismissed. However, the Court of Appeals isobligated, upon proper motion, to abate the appealuntil suit to enforce the agreement is tried and anysubsequent appeal from that judgment is completed.Mantas, supra.

3. Pertinent Family Code Provisions.Agreement regarding property division,

possession/access, conservatorship and support arealso addressed by the TEXAS FAMILY CODE.

a. Agreements for Property DivisionThese agreements are covered by § 7.006,

TEX. FAM . CODE ANN. The significance of thiscode provision in terms of enforceability, is theprovision that the parties may repudiate theagreement prior to the rendition of judgment unlessthe agreement is binding under another rule of law.See § 7.006(a). It is unclear whether an agreement,










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repudiated before rendition, remains enforceable asa contract pursuant to Rule 11, TEX. R. CIV. P. It isthis author’s opinion that the agreement isenforceable as a contract. The Code furtherprovides that the court may refuse to approve anagreement as written, if the court finds that it is not"just and right". §7.006(c). The court may requesta revision of the parties’ agreement or may set thecase for trial on a contested trial docket.

b. A g r e e m e n t C o n c e r n i n gConservatorship

The parties may enter into written agreementsfor conservatorship and possession of a child. §153.007, TEX. FAM . CODE ANN. If the court findsthat the agreement is not in the best interest of thechild, the court may request that the parties submita revised agreement or may render an order for theconservatorship and possession of the child. §153.007(d). However, in a situation where only oneparty is present in court at the time of presentationof the agreement, the court is not authorized tosummarily enter an order which varies from theagreement without affording the parties a reasonableopportunity to be heard ad present evidence relevantto the issues. KDV v. C.B.B. , 688 S.W.2d 684(Tex. App.—Tyler [12th Dist.] 1985, writ dism’d).

§153.007 does not contain a provisionanalogous to that found in § 7.006(a) whichauthorizes withdrawal of consent to theagreement. However, § 153.007(c) providesthat the terms of an agreement contained in anorder are not enforceable as a contract.

c. Agreements Concerning Support§ 154.124 authorizes the parties to enter into

written agreements for support of a child. If thecourt finds that the agreement is not in the bestinterest of the child, the court may request that theparties submit a revised agreement or may render anorder for the support of the child. § 154.124(d). Thecourt may not enter an order for child support whichcontravenes the parties’ agreement until the partieshave been given an opportunity to present evidence.C.B.B., supra. § 154.124. § 154.124(c) providesthat the terms of an agreement for child supportwhich are contained in the order are not enforceableas a contract unless provided in the agreement.

d. Mediated Settlement AgreementsAgreements reached at mediation are binding

on the parties if:• The agreement provides, in prominently

displayed statement that is in bold-facedtype or capital letters or underlined, thatthe agreement is not subject to revocation;

• The agreement is signed by each party tothe agreement; and

• The agreement is signed by the party’sattorney, if any, who is present at the timethe agreement is signed. See § 6.602(b),TEX. FAM . CODE

§ 6.602(c) provides that party to a mediatedsettlement agreement which complies with §6.602(b) is entitled to judgment on the mediatedsettlement agreement notwithstanding Rule 11,TEXAS RULES OF CIVIL PROCEDURE, or another ruleof law. A similar provision for mediated settlementagreements with respect to suits affecting theparent-child relationship is § 153.0071, TEX . FAM .CODE. However, this provision does not make entryof a judgment on the mediated settlement agreementmandatory and ministerial. Boyd v. Boyd, 67S.W.3d 398 (Tex. App.—Fort Worth [2nd Dist.]2002, n.p.h.); In re: Kasschau, 11 S.W.3d 305 (Tex.App.—Houston [14th Dist.] 1999 orig. proceeding).The trial court is entitled to review the mediatedsettlement agreement to determine its enforceability.See Kasschau (called for illegal acts), supra; Boyd(void for failure to disclose material asset), supra.The provision has been interpreted to mean that it isnot necessary to file suit to enforce the agreementas a contract. Alvarez v. Reiser, 958 S.W.2d 232(Tex. App.—Eastland [11th Dist.] 1997, pet. denied).

Appendix C is language which can be insertedinto Appendix B, to convert it into a bindingMediated Settlement Agreement.

e. Collaborative Law Agreements.§ 6.603 and § 153.007, TEX. FAM . CODE ANN.,

address collaborative law agreements for divorcesand suits affecting the parent-child relationship.These agreements are binding on the parties if:

• The agreement provides in a prominentlydisplayed statement that is bold-faced,capitalized, or underlined, that the







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agreement is not subject to revocation;and

• The agreement is signed by each party tothe agreement and the attorney for eachparty.The parties to such an agreement are

entitled to judgment on the agreement,notwithstanding Rule 11, TEX. R. CIV. P. oranother rule of law. § 6.603(d) and §153.0072(d), TEX. FAM . CODE.Appendix D is a form collaborative law

agreement provided by courtesy of John V.McShane, Attorney at Law, Dallas, Texas.

Mr. McShane advises that many collaborativelaw practitioners are including an additional provisionwhich is designed to avoid impasse on issues in acollaborative law case. This entails appointment ofa Master to resolve disputes on limited issues, whichmight otherwise jeopardize the entire collaborativelaw process. This provision is attached as AppendixE. It is, likewise, provided through the courtesies ofJohn V. McShane. Mr. McShane’s contribution ishereby gratefully acknowledged.

III. ETHICAL CONSIDERATIONSAside from the legal aspects of agreements

between attorneys are the ethical considerations.These are as complex as the legal considerations.These considerations arise in the context of 1) aclient who authorizes the making of an agreementand then wishes to withdraw their consent to theagreement, 2) the client who authorizes anagreement, while concealing facts material to theagreement, and 3) the client who refuses toauthorize the attorney to enter into reasonableagreements which will facilitate disposition of thecase without adversely affecting the client’sinterests. Each scenario presents a challenge to theattorney’s ability to serve his or her obligation to theclient and his or her obligation to the legal system.Paragraph 7 of the Preamble to the TEXAS

DISCIPLINARY RULES OF PROF. CONDUCT

recognizes: "In the nature of law practice, conflicting

responsibilities are encountered. Virtually alldifficult ethical problems arise from apparent conflictbetween a lawyer’s responsibilities to clients, to thelegal system and to the lawyer’s own interests. The

Texas Disciplinary Rules of Professional Conductprescribe terms for resolving such tensions. They doso by stating minimum standards of conduct belowwhich no lawyer can fall without being subject todisciplinary action."

With this in mind, the following analysis isprovided.

A. Client Autho rizes Agreement—ConsentWithdrawnAssume substantive negotiations have resulted

in settlement of all disputed issues in a divorce case.The client has reviewed the Rule 11 agreement andapproves same. The following day, before filing ofthe agreement, the client instructs the attorney tonotify the other party that the client’s consent to theagreement is withdrawn. Assume that the client’sdecision is not the result of newly discoveredevidence, a misunderstanding of the agreement, orbad acts of the other party. Assume the client hassimply decided they don’t like the agreement. Whatmust the attorney do? What may the attorney do?

1. What Must the Attorney Do?The attorney must advise the client of the legal

consequences and practical consequences of theclient’s withdrawal of consent. If the client persistsin withdrawing consent to the agreement, theattorney must follow the client’s instructions andgive notice of the client’s withdrawal of consent tothe opposing party. Rule 1.02(a), TEX.DISCIPLINARY RULES OF PROF. CONDUCT .

2. What Can the Attorney Do?This is an area of some latitude for the

attorney. If the attorney reasonably believes that theclient’s withdrawal of consent is in bad faith, clearlyunreasonable, or is clearly contrary to the client’sbest interests, the attorney may seek to withdrawfrom the case. Rule 1.15(b)(4), TEX. DISCIPLINARY

RULES OF PROF. CONDUCT . See Comment 7 andComment 8 to Rule 1.15.

An attorney’s ability to represent clientseffectively can be adversely affected by a client’swithdrawal of consent to agreements fairlybargained. If the attorney gains a reputation forentering into agreements only to have the clientwithdraw consent to the agreement, that attorney


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may find it difficult to negotiate successfully withother attorneys, whether the agreements pertain toprocedural matters or substantive matters.Ultimately this will adversely affect the attorney’sclientele.

Some further guidance for the attorney can befound in § III of the TEXAS LAWYER’S CREED

promulgated by the Texas Supreme Court,November 7, 1989. In pertinent part, the CREED

states: "A lawyer owes to opposing counsel in theconduct of legal transactions and the pursuit oflitigation, courtesy, candor, cooperation, andscrupulous observance of all agreements andmutual understandings."Further guidance can be found in paragraph 9

of the Preamble to the TEXAS DISCIPLINARY RULES

OF PROF. CONDUCT which states:"9. Each lawyer’s own conscience is thetouchstone against which to test the extent towhich his actions may rise above thedisciplinary standards prescribed by these rules.The desire for the respect and confidence ofthe members of the profession and of societywhich it serves provides the lawyer theincentive to attain the highest possible degree ofethical conduct. The possible loss of thatrespect and confidence is the ultimatesanction."

B. Client Conceals Facts Material toAgreementOccasionally clients have concealed from or

provided inaccurate information to their attorney andthe opposing party. Agreements between theattorneys have been struck in reliance upon aperceived set of facts or circumstances which arenot correct or which do not exist as perceived by theattorney or opposing attorney. Following theagreement the true facts become known to theopposing attorney. That attorney withdraws consentto the agreement. What must the attorney for thedishonest client do? What may the attorney for thedishonest client do?

1. What Must the Attorney Do?If the attorney determines that the client

concealed material information or knowingly

provided inaccurate information, the attorney mustadvise the client to authorize the attorney to agree torescind the agreement. TEX. DISCIPLINARY RULES

OF PROF. CONDUCT , Rule 1.02(e).

2. What May the Attorney Do?If the client refuses to resc ind the agreement,

the attorney may disclose confidential informationregarding the client’s concealment ormisrepresentation, in order to prevent or rectify theclient’s fraudulent conduct. Rule 1.05(c)7 and 8,TEX. DISCIPLINARY RULES OF PROF. CONDUCT .

The attorney may also withdraw fromrepresentation of the client. Rule 1.15(b)2, 3, 4 and5, TEX. DISCIPLINARY RULES OF PROF. CONDUCT .

Failure to rectify the situation whereby a client,through deceit, has enticed an opposing attorney(party) to enter into an agreement, is unprofessionaland inexcusable. Once the unjust agreement isabrogated, the attorney must then consider whetherthey should continue to represent the client.

C. Unreasonable ClientSome clients perceive the family law litigation

process as a method of punishing the other client.Reason, economy and expediency are not factors inthe client’s decision-making process. Reasonablesuggestions regarding agreements to narrow issues,streamline discovery or settle the litigation aresummarily dismissed by the client. What must theattorney do? What can the attorney do?

1. What Must the Attorney Do?The attorney must represent the client diligently

and competently. Rule 1.01, TEX. DISCIPLINARY

RULES OF PROF. CONDUCT .So long as the attorney continues to represent

the client, the attorney must abide by the client’sdecisions regarding general objectives of the case,methods of representation and settlement offers.Rule 1.02, TEX DISCIPLINARY RULES OF PROF.CONDUCT . The attorney must give an honestopinion about the actual consequences that appearlikely to result from the client’s conduct. SeeComment 7, Rule 1.02, supra; Rule 1.03, TEX.DISCIPLINARY RULES OF PROF. CONDUCT .

The attorney should use every effort to explainthe consequences of a "scorched earth policy" to the


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client. The clear risks to the client include greatlyincreased legal fees and expenses, delays inconcluding the litigation and the risk that the courtmay "punish" the client for unreasonable behavior.

2. What Can the Attorney Do?The attorney must determine whether the

client’s objectives are repugnant to the attorney, orare imprudent. If they are, or if the attorney feelsthat he or she has a fundamental disagreement withthe manner in which the client wishes to conduct thecase, the attorney may withdraw fromrepresentation. Prior to withdrawal, the attorneyshould explain to the client the basis of the attorney’sopposition to the method by which the client insiststhe case be conducted. Rule 1.15(b)4, TEX.DISCIPLINARY RULES OF. PROF. CONDUCT . Someguidance is provided the attorney by paragraphs 6through 10 of Section II of the TEXAS LAWYER’S

CREED which provides:"6. I will treat adverse parties and witnesseswith fairness and due consideration. A clienthas no right to demand that I abuse anyone orindulge in any offensive conduct."7. I will advise my client that we will notpursue conduct which is intended primarily toharass or drain the financial resources of theopposing party."8. I will advise my client that we will notpursue tactics which are intended primarily fordelay."9 I will advise my client that we will notpursue any course of action which is withoutmerit."10. I will advise my client that I reserve theright to determine whether to grantaccommodations to opposing counsel in allmatters that do not adversely affect my client’slawful objectives. A client has no right toinstruct me to refuse reasonable requests madeby other counsel."

D. Scrupulous Drafting — Don’t Add DetailsOften, Rule 11 agreements are verbally

announced to the court, with a subsequent orderenforcing the agreement to be drafted. These verbalagreements are often dictated in "summary" fashion,with assumptions made by each attorney regarding

"boiler plate" language which will be included in thewritten order or decree, being unstated. At othertimes written agreements are made which arediscovered to be incomplete at the time one attorneybegins to draft the order or decree whichencompasses the parties’ agreement. How arethese "inadequacies" in the stated or writtenagreement to be addressed? What must theattorney do? What can the attorney do?

1. What Must the Attorney Do ?The disciplinary rules are broad and do not

directly address this specific issue. Generally, thedisciplinary rules require candor with the court andhonesty in the attorney’s dealings with the opposingparty and their attorney. An intentional omissionfrom an order or decree of terms of the agreementor addition of terms to an order or decree which isnot part of the agreement could be consideredfraudulent. Presentation of the order or decree toopposing counsel without referencing terms added orpresentation of the order or decree in a mannerdesigned to conceal omissions certainly subjects theattorney’s conduct to scrutiny and/or criticism. Thiscriticism is further bolstered by the provisions ofSection III, paragraph 4 of the TEXAS LAWYER’S

CREED which provides:"I will attempt to prepare documents whichcorrectly reflect the agreement of the parties.I will not include provisions which have notbeen agreed upon or omit provisions which arenecessary to reflect the agreement of theparties."The attorney must draw to the attention of the

opposing attorney and party, any variations(omissions or additions) between the literal terms ofthe agreement and the proposed order or decree.

2. What Can the Attorney Do?As a practical matter, the draft of the order or

decree will contain recitations not contained in theliteral text of the agreement. See McLendon,supra. That is understood. However, a problemarises when substantive terms are added, even ifthey are "common" provisions.

Occasionally, terms are omitted because of achange of circumstances which eliminates (for some


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reason) the need for inclusion of a term of theoriginal agreement

The first way to address these potentialproblems is in careful statement or drafting of theterms of the agreement at its inception. Ifsubsequent occurrences may eliminate the need fora provision of the agreement, state those anticipatedcontingencies in the agreement. If the parties intendterms to be stated in some "boiler plate" manner, soindicate in the agreement.

If omissions due to conditions subsequent havebeen made, or if additions which may have asubstantive impact on the agreement (i.e. such asplace of payment of child support payments), drawthat to the attention of the other attorney. This canbe accomplished by providing opposing counsel a"redlined" draft as well as a "clean draft" of theproposed agreement.

E. Drafting AidsAs an aid to more thorough announcement of

the terms of temporary orders or settlementagreements in divorce cases, the forms set forth inAppendix A and Appendix B are provided.Appendix A addresses common issues to be madea part of temporary orders. Appendix B addressescommon issues to be addressed in final settlement ofdivorce cases. Each can be used as a checklist.Each is also designed to be used "on site" tomemorialize an agreement and be filed with thecourt. Each Appendix also serves as an aid toavoid dictation, to allow preparation of the initialdraft of the temporary orders or decree of divorcefor review and editing.

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APPENDIX AAGREEMENT FOR TEMPORARY ORDERS

PER RULE 11, TEXAS RULES OF CIVIL PROCEDURE

I. CHILDREN’S ISSUES

A. Conservatorship

(NAME), Father, Appointed

(NAME), Mother, Appointed

B. Parental Rights and Duties

1. Right to establish legal residence.

Circle one or more options as appropriate:a. Mother has exclusive right; orb. Father has exclusive right.c. Domicile restriction? Yes/Nod. If domicile restriction, describe restriction:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

2. Right to consent to medical, dental, and surgical treatment involving invasive procedures andto consent to psychiatric and psychological treatment of each child.

Circle one or more options as appropriate:a. Mother - exclusiveb. Father - exclusivec. Mother - independent of fatherd. Father - independent of mothere. Mother - mutual agreement with father requiredf. Father - mutual agreement with mother requiredg. Other:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

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3. Exclusive right to receive and give receipt for periodic payments for support of each child andto hold or disburse funds for benefit of child:

Circle one or more options as appropriate:a. Motherb. Fatherc. Other: (Specify specific right of each parent and other conditions)

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

4. Right to represent each child in legal action and to make other decisions of substantial legalsignificance concerning each child:

Circle one or more options as appropriate:a. Mother - exclusiveb. Father - exclusivec. Mother - independent of fatherd. Father - independent of mothere. Mother - mutual agreement of father requiredf. Father - mutual agreement of mother requiredg. Other:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

5. Right to consent to marriage and to enlistment in the Armed Forces of United States:


____________________________________________________________

____________________________________________________________

____________________________________________________________

10

6. Right to make decisions concerning each child’s education:


____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

7. Right to act as agent for each child in relation to the child’s estate if the child’s action isrequired by a state, the United States, or a foreign government:

Circle one or more options as appropriate:a. Mother - exclusiveb. Father - exclusivec. Mother - independent of fatherd. Father - independent of mothere. Mother - mutual agreement of father requiredf. Father - mutual agreement of mother required

g. Other:____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

8. Right to services and earnings of child:


____________________________________________________________

11

____________________________________________________________

____________________________________________________________

____________________________________________________________

9. Duty to manage the estate of each child to the extent estate created by community propertyor joint property of parents:


____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

C. Possession and Access

1. Name: ___________________________________________________________

Circle one or more as appropriate:

a. Weekends per Standard Possession Order(1) Begin when school recessed(2) Begin 6:00 p.m. Friday(3) End 6:00 p.m. Sunday(4) End Monday morning when returned to school(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

b. Wednesdays per standard possession order(1) Begin when school recessed(2) Begin 6:00 p.m. Wednesday(3) End 8:00 p.m. Wednesday(4) End Thursday morning when returned to school

12

(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

c. Christmas Holidays Even Years per Standard Possession Order

(1) Begin when school recessed(2) Begin 6:00 p.m. on day school recessed(3) End 12:00 noon December 26(4) Other:

______________________________________________________

______________________________________________________

______________________________________________________

____________________________________________________

d. Christmas Holidays Odd Years per Standard Possession Order:

(1) Begin 12:00 noon December 26(2) End at time school resumes after Christmas holiday(3) End at 6:00 p.m. day before school resumes after Christmas holiday(4) Other:

______________________________________________________

____________________________________________________________________________________________________________

______________________________________________________

e. Thanksgiving Holiday Odd Years per Standard Possession Order:

(1) Begin at time school recessed for Thanksgiving holiday(2) Begin at 6:00 p.m. on day school recessed for Thanksgiving holiday(3) End at time school resumes after Thanksgiving holiday(4) End 6:00 p.m. Sunday following Thanksgiving(5) End when child’s school resumes after Thanksgiving(6) Other:

______________________________________________________

______________________________________________________

______________________________________________________

13

______________________________________________________

f. Spring Break –- Even Years per Standard Possession Order

(1) Begin 6:00 p.m. on day school dismissed for Spring Break(2) Begin at time school dismissed for Spring Break(3) End 6:00 p.m. on day before school resumes after Spring Break(4) End at time school resumes after Spring Break(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

g. Extended Summer Possession per Standard Possession Order:

(1) 30 days parents less than 100 miles apart, broken up per Standard Possession Order(2) 42 days parents 100 miles or more apart, broken up per Standard Possession Order(3) Other: ______________________________________________________

______________________________________________________

______________________________________________________

h. Child’s birthday per Standard Possession Order

(1) Child only(2) Child and siblings(3) Begin 6:00 p.m.(4) End 8:00 p.m.(5) Pickup and return at residence of parent otherwise entitled to possession(6) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

i. Father’s/Mother’s Day Weekend per Standard Possession Order

(1) Begin 6:00 p.m. Friday before Father’s/Mother’s Day(2) End 6:00 p.m. Father’s/Mother’s Day(3) Pick up and return at residence of parent otherwise entitled to possession(4) Other: ______________________________________________________

14

______________________________________________________

______________________________________________________

______________________________________________________

2. Name: ___________________________________________________________

Circle one or more options as appropriate:a. Christmas Holiday Odd Years per Standard Possession Order


______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

b. Christmas Holiday Even Years per Standard Possession Order

(1) Begin 12:00 noon December 26(2) End at time school resumes after Christmas holiday(3) End 6:00 p.m. on day before school resumes(4) Other: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

c. Thanksgiving — Even Years per Standard Possession Order

(1) Begin at time school recessed for Thanksgiving holiday(2) Begin 6:00 p.m. day school recessed(3) End 6:00 p.m. Sunday after Thanksgiving(4) End at time school resumes after Thanksgiving(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

15

d. Spring Break — Odd Years per Standard Possession Order

(1) Begin 6:00 p.m. on day school recessed(2) Begin at time school recessed for Spring Break(3) End 6:00 p.m. day before school resumes after Spring Break(4) End at time school resumes after Spring Break(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

e. Summer Weekend Possession per Standard Possession Order

(1) Parents reside less than 100 miles apart: 1 weekend out of other parent’s 30 daysummer visitation. Notice must be given by April 15. Pickup and return of child atresidence of parent who has right to extended summer possession. Weekend begins6:00 p.m. on Friday and ends 6:00 p.m. on Sunday.

(2) Parents reside 100 miles or more apart and 1 period of summer possession by otherparent exceeds 30 days: 2 weekends out of other parent’s 30 day summer visitation.Notice must be given by April 15. Pickup and return of child at residence of parentwho has right to extended summer possession. Weekends begin 6:00 p.m. on Fridayand end 6:00 p.m. on the immediately following Sunday.

(3) Other:______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

f. Extended Summer Possession per Standard Possession Order

(1) 1 weekend taken from other parent’s normal weekends if parents live less than 100miles apart. 14 days notice required. May not interfere with other parent’sExtended Summer or with Father’s/Mother’s Day.

(2) May select 21 days if parents reside 100 miles or more apart. 14 days noticerequired. May not interfere with other parent’s Extended Summer or withFather’s/Mother’s Day.

(3) Other: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

16

g. Child’s birthday per Standard Possession Order

(1) Child only(2) Child and siblings(3) Begin 6:00 p.m.(4) End 8:00 p.m.(5) Pickup and return at residence of parent otherwise entitled to possession(6) Other: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

h. Mother’s/Father’s Day per Standard Possession Order


______________________________________________________

______________________________________________________

______________________________________________________

3. General Terms and Conditions per Standard Possession Order, § 153.316, FAM . CODE.

Variations from terms provided in § 153.316 are as follows:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

4. Means of Travel if parents reside 100 miles or more apart:

Specify: ____________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

17

D. Child Support

1. Beginning Amount to be paid as follows:(a) To be paid $____________, monthly.(b) To be paid $____________, semi-monthly.(c) To be paid $____________, bi-weekly.(d) To be paid $____________, weekly.

2. Due date of first payment: _____________________________________________

3. If more than 1 child, child support reduces upon occurrence of any event specified in §154.001(a), Tex. Fam. Code. Beginning on 1st day of month following occurrence of one ofevents specified by § 154.001(a), monthly child support will reduce to:________________________________________________________

4. Future reductions in child support per § 154.001(a):________________________

5. Withholding Order? Yes No

6. Payments are obligation of estate. Obligor gets credit for Social Security, etc.Yes No

7. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

______________________________________________________________

E. Health Insurance1. Who provides? ____________________________________________________

2. Who pays for insurance? ______________________________________________

3. Amount of current premiums for child ___________________________________

4. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

___________________________________________________________

F. Health Care Expenses Not Paid By Insurance

Definition—“Health insurance” means insurance coverage that provides basic health-care services,including usual physician services, office visits, hospitalization, and laboratory, X-ray, andemergency services, and may be provided in the form of an indemnity insurance contract or plan,

18

a preferred provider organization or plan, a health maintenance organization, or any combination thereof.

Select one or more options as appropriate

1. Percentage paid by father within ______ days of receipt of bill. _______%

2. Percentage paid by mother within ______ days of receipt of bill. _______%

3. HMO/PPO Plan rules must be followed? Yes NoIf fail to seek treatment by plan approved provider in non-emergency situation, parent obtainingtreatment pays ___________% of cost not paid by health insurance.

4. Insurance payments for medical expenses paid in advance by parents shared pro-rata?

5. Parent advancing 100% of health care expense to be reimbursed by other parent for otherparent’s share within ________ days of notice of reimbursement due.

6. If parent who is to pay for health insurance fails to do so, that parent must pay for 100% ofall cost of health care for child.

7. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

G. Other Child Support Agreements:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

II. USE AND ENJOYMENT OF PROPERTY AND PAYMENTS OF DEBT

A. Property to Husband:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

19

Wife enjoined from exercising dominion or control over property set aside for use and benefit ofhusband? Yes No

B. Property to Wife:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Husband enjoined from exercising dominion or control over property set aside for use and benefitof wife? Yes No

C. Liabilities to be Paid by Husband During the Pendency of Divorce:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Liabilities to be Paid by Husband as spousal support? Yes No

D. Liabilities to be Paid by Wife During Pendency of Divorce:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

Liabilities to be paid by Wife as spousal support? Yes No

E. Temporary Spousal Support

________________________ to pay temporary spousal support to __________________.

Amount of Temporary Spousal Support:

Circle appropriate option:

1. To be paid $____________ monthly;2. To be paid $____________ semi-monthly;3. To be paid $____________ bi-weekly;4. To be paid $____________ weekly.

20

Date First Payment of Spousal Support due: ____________________________________

Place payments to be made:

(Circle one)

1. District Clerk’s Office; Clerk to promptly remit to recipient.

2. Directly to recipient at following address:

___________________________________________________________

___________________________________________________________

_______________________________________________________F. Interim Attorney’s Fees

Select one or more options as appropriate:

1. None payable at this time. Parties not precluded from seeking interim fees in future.

2. ______________________ pays $__________________________ for reasonableinterim attorney fees incurred by ______________________________________.

3. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

G. Income Taxes

1. Do parties pay quarterly estimated taxes? Yes No

2. ________________________ to continue to pay quarterly income tax payments in theamount of $____________________, as they become due.

3. Husband enjoined from reducing income tax withholding? Yes No

4. Husband and Wife enjoined from endorsing, cashing, or otherwise negotiating income taxrefund check for tax year _____________, except by mutual written agreement? Yes No

5. Other provisions:

_________________________________________________________________

21

_________________________________________________________________

_________________________________________________________________

_________________________________________________________________

H. Credit Cards:

Circle one or more of the following as appropriate:

1. Husband to surrender following credit cards to Wife:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

2. Wife to surrender following credit cards to Husband:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

3. Husband enjoined from making purchases or cash advances with credit cards or on creditaccounts during pendency of divorce? Yes No

4. Wife enjoined from making purchases or cash advances with credit cards or credit accountsduring pendency of divorce? Yes No

5. Other: __________________________________________________________

_________________________________________________________________

_________________________________________________________________

__________________________________________________________________

III. INJUNCTIVE RELIEF — TEMPORARY

A. The parties, and those acting in concert with them who have actual notice of this injunction, areenjoined, during the pendency of this suit, from:

Circle each item of injunctive relief to be granted:

1. Communicating with the other party in person, by telephone, or in writing in vulgar, profane,obscene, or indecent language or in a coarse or offensive manner.

22

2. Threatening the other party in person, by telephone, or in writing to take unlawful actionagainst any person.

3. Placing one or more telephone calls, anonymously, at any unreasonable hour, in an offensiveand repetitious manner, or without a legitimate purpose of communication.

4. Causing bodily injury to the other party [include if applicable: or to a child of either party].

5. Threatening the other party [include if applicable: or a child of either party] with imminentbodily injury.

6. Destroying, removing, concealing, encumbering, transferring, or otherwise harming or reducingthe value of the property of one or both of the parties.

7. Falsifying any writing or record relating to the property of either party.

8. Misrepresenting or refusing to disclose to the other party or to the Court, on proper request,the existence, amount, or location of any property of one or both of the parties.

9. Damaging or destroying the tangible property of one or both of the parties, including anydocument that represents or embodies anything of value.

10. Tampering with the tangible property of one or both of the parties, including any document thatrepresents or embodies anything of value, and causing pecuniary loss to the other party.

11. Selling, transferring, assigning, mortgaging, encumbering, or in any other manner alienating anyof the property of Petitioner or Respondent, whether personalty or realty, and whether separate orcommunity, except as specifically authorized by this order.

12. Incurring any indebtedness, other than legal expenses in connection with this suit, except asspecifically authorized by this order.

13. Making withdrawals from any checking or savings account in any financial institution for anypurpose, except as specifically authorized by this order.

14. Spending any sum of cash in the possession or subject to the control of[Petitioner/Respondent/either party] for any purpose, except as specifically authorized by this order.

15. Withdrawing or borrowing in any manner for any purpose from any retirement, profit-sharing,pension, death, or other employee benefit plan or employee savings plan or from any individualretirement account or Keogh account, except as specifically authorized by this order.

16. Entering any safe-deposit box in the name of or subject to the control of Petitioner orRespondent, whether individually or jointly with others.

17. Withdrawing or borrowing in any manner all or any part of the cash surrender value of lifeinsurance policies on the life of Petitioner or Respondent, except as specifically authorized by thisorder.

18. Changing or in any manner altering the beneficiary designation on any life insurance on the lifeof Petitioner or Respondent [include if applicable: or the parties’ child[ren]].

23

19. Canceling, altering, failing to renew or pay premium, or in any manner affecting the presentlevel of coverage of any casualty, automobile, or health insurance policies insuring the parties’property or persons [include if applicable: including the parties’ child[ren]].

20. Terminating or in any manner affecting the service of water, electricity, gas, telephone, cabletelevision, or other contractual servic es, such as security, pest control, landscaping, or yardmaintenance, at [full address] or in any manner attempting to withdraw any deposits for servicein connection with those services.

21. Excluding the other party from the use and enjoyment of the residence located at [address,

city, state ].

22. Opening or diverting mail addressed to the other party.

23. Signing or endorsing the other party’s name on any negotiable instrument, check, or draft, suchas tax refunds, insurance payments, and dividends, or attempting to negotiate any negotiableinstrument payable to the parties or the other party without the personal signature of the other party.

24. Taking any action to terminate or limit credit or charge cards in the name of the parties or theother party.

25. Entering, operating, or exercising control over the motor vehicle[s] in the possession of theother party [specify year and make of vehicle[s]].

26. Discontinuing or reducing the withholding for federal income taxes on Respondent’s wagesor salary while this case is pending.

27. Destroying, disposing of, or altering any financial records of the parties, including but notlimited to records from financial institutions (including canceled checks and deposit slips), all recordsof credit purchases or cash advances, tax returns, and financial statements.

28. Destroying, disposing of, or altering any e-mail or other electronic data, whether stored on ahard drive or on a diskette or other electronic storage device.

29. Instituting any action in any other county, state, or nation attempting to obtain temporary orpermanent orders concerning the marriage relationship of the parties, the dissolution of thatrelationship, spousal support, [include if applicable: the conservatorship, custody, and support ofthe child[ren] of the parties,] or any other order normally issued incident to a divorce proceedingor other proceeding involving the marital [include if applicable: or parent-child] relationship.

B. Other injunctive relief:

___________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

24

C. Specific Authorization to Parties

(1) Husband may be authorized:

To make expenditures and incur indebtedness for reasonable and necessary livingexpenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney’s fees andexpenses in connection with this suit.

To make withdrawals from accounts in financial institutions only for the purposesauthorized by this order.

To engage in acts reasonable and necessary to conduct Petitioner’s usual business andoccupation.

Other:_____________________________________________________________________________________________________________________________________________________________

(2) Wife may be authorized:

To make expenditures and incur indebtedness for reasonable and necessary livingexpenses for food, clothing, shelter, transportation, and medical care.

To make expenditures and incur indebtedness for reasonable attorney’s fees andexpenses in connection with this suit.

To make withdrawals from accounts in financial institutions only for the purposesauthorized by this order.

To engage in acts reasonable and necessary to conduct Respondent’s usual businessand occupation.

Other:_____________________________________________________________________________________________________________________________________________________________

This Agreement for Temporary Orders is effective __________________________________.

Agreement remains in force until modified by subsequent written agreement or by Court order.

APPROVED:

25

_______________________________(Signature)_______________________________(Print name)Petitioner

_______________________________(Signature)_______________________________(Print name)Respondent

_______________________________(Signature)_______________________________(Print name)Attorney for Petitioner

________________________________(Signature)________________________________(Print name)Attorney for Respondent

APPENDIX BSETTLEMENT AGREEMENT

PER RULE 11, TEXAS RULES OF CIVIL PROCEDURE

I. CHILDREN’S ISSUES

A. Conservatorship

(NAME), Father, Appointed

(NAME), Mother, Appointed

B. Parental Rights and Duties

1. Right to establish legal residence.

Circle one or more options as appropriate:a. Mother has exclusive right; orb. Father has exclusive right.c. Domicile restriction? Yes/Nod. If domicile restriction, describe restriction:

____________________________________________________________

26

____________________________________________________________

____________________________________________________________

____________________________________________________________

2. Right to consent to medical, dental, and surgical treatment involving invasive procedures andto consent to psychiatric and psychological treatment of each child.

Circle one or more options as appropriate:a. Mother - exclusiveb. Father - exclusivec. Mother - independent of fatherd. Father - independent of mothere. Mother - mutual agreement with father requiredf. Father - mutual agreement with mother requiredg. Other:

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

3. Exclusive right to receive and give receipt for periodic payments for support of each child andto hold or disburse funds for benefit of child:

Circle one or more options as appropriate:a. Motherb. Fatherc. Other: (Specify specific right of each parent and other conditions)

____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

4. Right to represent each child in legal action and to make other decisions of substantial legalsignificance concerning each child:

Circle one or more options as appropriate:a. Mother - exclusiveb. Father - exclusivec. Mother - independent of fatherd. Father - independent of mothere. Mother - mutual agreement of father requiredf. Father - mutual agreement of mother required

27

g. Other:____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

5. Right to consent to marriage and to enlistment in the Armed Forces of United States:


____________________________________________________________

____________________________________________________________

____________________________________________________________

6. Right to make decisions concerning each child’s education:


____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

7. Right to act as agent for each child in relation to the child’s estate if the child’s action isrequired by a state, the United States, or a foreign government:

Circle one or more options as appropriate:a. Mother - exclusiveb. Father - exclusive

28

c. Mother - independent of fatherd. Father - independent of mothere. Mother - mutual agreement of father requiredf. Father - mutual agreement of mother required

g. Other:____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

8. Right to services and earnings of child:


____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

9. Duty to manage the estate of each child to the extent estate created by community propertyor joint property of parents:


____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

29

C. Possession and Access

1. Name of Parent: ____________________________________________________

Circle one or more as appropriate:

a. Weekends per Standard Possession Order(1) Begin when school recessed(2) Begin 6:00 p.m. Friday(3) End 6:00 p.m. Sunday(4) End Monday morning when returned to school(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

b. Wednesdays per standard possession order(1) Begin when school recessed(2) Begin 6:00 p.m. Wednesday(3) End 8:00 p.m. Wednesday(4) End Thursday morning when returned to school(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

c. Christmas Holidays Even Years per Standard Possession Order


______________________________________________________

______________________________________________________

______________________________________________________

____________________________________________________

d. Christmas Holidays Odd Years per Standard Possession Order:

30

(1) Begin 12:00 noon December 26(2) End at time school resumes after Christmas holiday(3) End at 6:00 p.m. day before school resumes after Christmas holiday(4) Other:

______________________________________________________

____________________________________________________________________________________________________________

______________________________________________________

e. Thanksgiving Holiday Odd Years per Standard Possession Order:

(1) Begin at time school recessed for Thanksgiving holiday(2) Begin at 6:00 p.m. on day school recessed for Thanksgiving holiday(3) End at time school resumes after Thanksgiving holiday(4) End 6:00 p.m. Sunday following Thanksgiving(5) End when child’s school resumes after Thanksgiving(6) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

f. Spring Break –- Even Years per Standard Possession Order

(1) Begin 6:00 p.m. on day school dismissed for Spring Break(2) Begin at time school dismissed for Spring Break(3) End 6:00 p.m. on day before school resumes after Spring Break(4) End at time school resumes after Spring Break(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

g. Extended Summer Possession per Standard Possession Order:

(1) 30 days parents less than 100 miles apart, broken up per Standard Possession Order(2) 42 days parents 100 miles or more apart, broken up per Standard Possession Order(3) Other: ______________________________________________________

______________________________________________________

31

______________________________________________________

h. Child’s birthday per Standard Possession Order

(1) Child only(2) Child and siblings(3) Begin 6:00 p.m.(4) End 8:00 p.m.(5) Pickup and return at residence of parent otherwise entitled to possession(6) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

i. Father’s/Mother’s Day Weekend per Standard Possession Order


______________________________________________________

______________________________________________________

______________________________________________________

2. Name of Parent: ___________________________________________________

Circle one or more options as appropriate:a. Christmas Holiday Odd Years per Standard Possession Order


______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

b. Christmas Holiday Even Years per Standard Possession Order

32

(1) Begin 12:00 noon December 26(2) End at time school resumes after Christmas holiday(3) End 6:00 p.m. on day before school resumes(4) Other: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

c. Thanksgiving — Even Years per Standard Possession Order

(1) Begin at time school recessed for Thanksgiving holiday(2) Begin 6:00 p.m. day school recessed(3) End 6:00 p.m. Sunday after Thanksgiving(4) End at time school resumes after Thanksgiving(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

d. Spring Break — Odd Years per Standard Possession Order

(1) Begin 6:00 p.m. on day school recessed(2) Begin at time school recessed for Spring Break(3) End 6:00 p.m. day before school resumes after Spring Break(4) End at time school resumes after Spring Break(5) Other:

______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

e. Summer Weekend Possession per Standard Possession Order

(1) Parents reside less than 100 miles apart: 1 weekend out of other parent’s 30 daysummer visitation. Notice must be given by April 15. Pickup and return of child atresidence of parent who has right to extended summer possession. Weekend begins6:00 p.m. on Friday and ends 6:00 p.m. on Sunday.

(2) Parents reside 100 miles or more apart and 1 period of summer possession by otherparent exceeds 30 days: 2 weekends out of other parent’s 30 day summer visitation.Notice must be given by April 15. Pickup and return of child at residence of parent

33

who has right to extended summer possession. Weekends begin 6:00 p.m. on Fridayand end 6:00 p.m. on the immediately following Sunday.

(3) Other:______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

f. Extended Summer Possession per Standard Possession Order

(1) 1 weekend taken from other parent’s normal weekends if parents live less than 100miles apart. 14 days notice required. May not interfere with other parent’sExtended Summer or with Father’s/Mother’s Day.

(2) May select 21 days if parents reside 100 miles or more apart. 14 days noticerequired. May not interfere with other parent’s Extended Summer or withFather’s/Mother’s Day.

(3) Other: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

g. Child’s birthday per Standard Possession Order

(1) Child only(2) Child and siblings(3) Begin 6:00 p.m.(4) End 8:00 p.m.(5) Pickup and return at residence of parent otherwise entitled to possession(6) Other: ______________________________________________________

______________________________________________________

______________________________________________________

______________________________________________________

h. Mother’s/Father’s Day per Standard Possession Order


______________________________________________________

34

______________________________________________________

______________________________________________________

3. General Terms and Conditions per Standard Possession Order, § 153.316, FAM . CODE.

Variation from terms provided in § 156.316 are as follows:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

4. Means of Travel if parents reside 100 miles or more apart:

Specify: ____________________________________________________________

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

D. Child Support

1. Beginning Amount: __________________________________________________

2. Due date of first payment: _____________________________________________

3. If more than 1 child, child support reduces upon occurrence of any event specified in §154.001(a), Tex. Fam. Code. Beginning on 1st day of month following occurrence of one ofevents specified by § 154.001(a), monthly child support will reduce to:________________________________________________________

4. Future reductions in child support per § 154.001(a):________________________

5. Withholding Order? Yes No

6. Payments are obligation of estate. Obligor gets credit for Social Security, etc.Yes No

7. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

35

______________________________________________________________

E. Health Insurance — As Child Support

1. Who provides? ____________________________________________________

2. Who pays for insurance? ______________________________________________

3. Amount of current premiums for child ___________________________________

4. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

___________________________________________________________

F. Health Care Expenses Not Paid By Insurance — As Child Support

Definition—“Health insurance” means insurance coverage that provides basic health-careservices, including usual physician services, office visits, hospitalization, and laboratory, X-ray,and emergency services, and may be provided in the form of an indemnity insurance contract orplan, a preferred provider organization or plan, a health maintenance organization, or anycombination thereof.

Select one or more options as appropriate

1. Percentage paid by father ______________

2. Percentage paid by mother ______________

3. HMO/PPO Plan rules must be followed? Yes NoIf fail to seek treatment by plan approved provider in non-emergency situation, parent obtainingtreatment pays ___________% of cost not paid by health insurance.

4. Insurance payments for health care expenses paid in advance by parents shared pro-rata?

5. Parent advancing 100% of health care expense to be reimbursed by other parent for otherparent’s share within ________ days of notice of reimbursement due.

6. WARNING—A PARENT ORDERED TO PROVIDE HEALTH INSURANCEWHO FAILS TO DO SO IS LIABLE FOR NECESSARY MEDICAL EXPENSESOF THE CHILD[REN], WITHOUT REGARD TO WHETHER THE EXPENSESWOULD HAVE BEEN PAID IF HEALTH INSURANCE HAD BEENPROVIDED.

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7. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

G. Other Child Support Agreements:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

II. PROPERTY DIVISION AND ALLOCATION OF LIABILITIES

A. Property to Husband:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

B. Property to Wife:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

C. Liabilities to be Paid by Husband:

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

D. Liabilities to be Paid by Wife:

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_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

E. Attorney’s Fees

Select one or more options as appropriate:

1. Each party pays own attorney

2. ______________________ pays $__________________________ for reasonable attorney fees incurred by___________________________________.

3. Other: ____________________________________________________________

____________________________________________________________

____________________________________________________________

____________________________________________________________

F. Income Taxes

1. Who pays tax liability for years of marriage through 12-31 of year preceding divorce?

___________________________________________________________________

___________________________________________________________________

2. Who pays tax on income from January 1 of year of divorce through date of divorce?

___________________________________________________________________

___________________________________________________________________

3. How are deductions, withholdings estimated tax payments and credits to be allocated in year of divorce?

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

4. Who gets tax refunds for years prior to divorce?

___________________________________________________________________

___________________________________________________________________

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___________________________________________________________________

. G. Liens and Encumbrances

1. Husband granted following liens and encumbrances to secure wife’s obligations with respect to asset division anddebt allocation:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

2. Wife granted following liens and encumbrances to secure husband’s obligations with respect to asset division anddebt allocation:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

H. Court-Ordered Maintenance:

1. Maintenance granted to: ______________________________________________

2. Amount of maintenance payments: _____________________________________

3. Beginning date of payments: __________________________________________

4. Ending date of payments: ____________________________________________

5. Garnishment order to employer? Yes No

I. Confirmation of Separation Property

1. Following is confirmed as Husband’s separate property:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

2. Following is confirmed as Wife’s separate property:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

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J. Credit Cards:

1. Husband to surrender following credit cards to Wife:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

2. Wife to surrender following credit cards to Husband:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

K. Instruments of conveyance

1. Husband to execute and deliver following title transfer instruments to Wife on or before_____________________________:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

2. Wife to execute and deliver following title transfer instruments to Husband on or before_____________________________:

___________________________________________________________________

___________________________________________________________________

___________________________________________________________________

III. OTHER PROVISIONS REGARDING CHILDREN OR PROPERTY

A. See attachment at Exhibit A.

IV. COURT COSTS

A. Court costs to be paid by ____________________________________________________

This Rule 11 Agreement is effective __________________________________. A decree of divorceincorporating the terms of this agreement shall be approved by all parties.

APPROVED:


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_______________________________(Signature)_______________________________(Print name)Petitioner

_______________________________(Signature)_______________________________(Print name)Respondent

_______________________________(Signature)_______________________________(Print name)Attorney for Petitioner

________________________________(Signature)________________________________(Print name)Attorney for Respondent

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APPENDIX C

B Y SIGNING THIS MEDIATED SETTLEMENT AGREEMENT

THE PARTIES DO HEREBY ACKNOWLEDGE THAT THIS

AGREEMENT MAY NOT BE REVOKED.

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APPENDIX D

COLLABORATIVE LAW PARTICIPATION AGREEMENT:

SEPARATION/MARRIAGE DISSOLUTION

PURPOSE

____________________ and his lawyer, ____________________________________________,

and ______________________________________ and her lawyer, ____________________ have

chosen to use collaborative law procedures pursuant to Texas Family Code §6.603 and/or §153.0072 to settle

the issues arising from the dissolution of their marriage. The primary goal of the collaborative law process is

to settle all necessary issues of the parties* separation and dissolution of their marriage in a nonadversarial

manner. The parties acknowledge the essence of the collaborative law process is the shared belief by

participants that it is in the best interests of parties and their families in typical family law matters to commit

themselves to avoiding litigation. The parties therefore adopt this conflict resolution process, which does not

rely on a court-imposed resolution, but relies on an atmosphere of honesty, cooperation, integrity and

professionalism geared toward the future well-being of the restructured family. The parties* goal is to avoid

the negative economic, social and emotional consequences to the participants and their families associated with

protracted litigation. The parties commit themselves to the collaborative family law process because the parties

believe it to be a better way to resolve differences justly and equitably.

UNDERSTANDINGS

The parties agree and understand that as part of the collaborative process, the Collaborative Lawyers will

not go to Court, other than to have Agreed Temporary Orders and/or an Agreed Final Decree entered, or to

withdraw from a party*s representation, if required. If the case cannot be settled on terms acceptable to the

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parties, or if either party seeks to file a motion in court or seek court intervention, both lawyers shall withdraw

from the case. In that event, the parties may hire trial counsel to proceed with the case.

COMMUNICATION

The parties intend to effectively communicate with each other in order to efficiently and economically

settle the dissolution of their marriage. Written and verbal communications will be respectful and constructive,

and the parties will not make accusations or claims not based in fact.

It is agreed that communication during settlement meetings will be focused on the economic issues in the

dissolution and issues relating to the children of the marriage, if any, and the constructive resolution of those

issues. The parties and their lawyers understand that the costs for settlement meetings are substantial and

require everyone*s cooperation to make the best possible use of available resources. To achieve this goal, the

parties agree not to engage in unnecessary discussions of past events.

To maintain an objective and constructive settlement process, the parties agree to discuss settlement of

their dissolution issues only in the settlement conference setting, unless the parties agree to discussions outside

of the conference setting. Settlement issues will not be discussed at unannounced times by telephone calls or

appearances at the other party*s residence or place of employment.

The parties will work to protect the respect and dignity of all involved, including parties, attorneys and

consultants. The parties shall maintain a high standard of integrity and specifically shall not take advantage of

each other or of the miscalculations or inadvertent mistakes of others, but shall identify and correct them.

EXPERTS

When appropriate and needed, the parties will use neutral experts for purposes of valuation, cash flow

analysis, and any other issue which requires expert advice and/or recommendations. The parties will agree in

advance as to how the costs of the third party expert will be paid. Except upon the mutual written agreement

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of the parties to the contrary, any person or firm retained by either party or Collaborative Lawyer during the

collaborative law process whose work product is used by either party or Collaborative Lawyer during the

collaborative law process (other than material prepared for the benefit of the parties prior to the institution of

this collaborative law process and unrelated to it, such as tax returns) is forever disqualified from appearing as

a witness, expert or otherwise, for either party in any hearing or trial regarding the parties’ marriage. All notes,

work papers, summaries and reports of these persons and/or firms shall be inadmissible as evidence in any legal

proceeding involving the parties unless the parties agree in writing otherwise, but shall be furnished to successor

counsel and shall be available for future settlement conferences, including, without limitation, mediation.

DISCLOSURE OF INFORMATION

The parties and their lawyers agree to deal with each other in good faith and to promptly provide all

necessary and reasonable information requested. The parties will be required to sign a sworn statement making

full and fair disclosure of their income, assets and debts (a Sworn Inventory and Appraisement), unless they

agree to waive such in writing.

The parties and their lawyers agree, pursuant to the collaborative law provisions of the Texas Family Code,

to make full and candid exchange of information between the parties and their lawyers as necessary to make

a proper evaluation of the case. The parties and their lawyers agree to make full disclosure of the nature,

extent, value of -- and all developments affecting -- the parties’ income, assets, and liabilities. The parties and

their lawyers further agree to make full disclosure of all material information concerning the parties’ children,

if any. Refusal to be honest or failure to disclose such information shall be grounds for one or both

Collaborative Lawyers’ withdrawal from representation.

No formal discovery procedures will be used unless specifically agreed to in advance by the parties. The

parties acknowledge that by using the Collaborative Law Process, they are giving up the right during that

process to have the Court compel the other party to participate in certain investigative procedures and methods

that would be available to them in the litigation process.

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The parties agree to maintain the confidentiality of any communication relating to the subject matter of the

dispute made by the parties or their attorneys or other participants in the collaborative law procedure, whether

before or after the institution of formal judicial proceedings. All meetings, communications, whether oral or

written, and discussions involving any party, lawyer, or expert in the collaborative process are for settlement

purposes only under Texas Rules of Evidence, Rule 408. The parties intend this confidentiality to cover all

communications (written or oral) made during the collaborative law sessions, or between the collaborative

lawyers or any experts with whom they or the parties consult in connection with this process, which are not

memorialized in writing as binding agreements of the parties. They agree that such communication in the

collaborative law procedure will not be subject to process requiring disclosure and that the communication will

not be used as evidence against the participant in any judicial or administrative proceeding. The parties agree

that any record made in the collaborative law procedure is confidential and the participants will not be required

to testify in any proceedings relating to or arising out of the matter in dispute concerning the confidential content

of the collaborative law procedure. The parties agree that any oral communication or written material used in

or made a part of the collaborative law procedure will only be admissible or discoverable if it is admissible or

discoverable independent of the procedure. All communication made in the collaborative law procedure is for

the purpose of promoting reconciliation, settlement and understanding only and is intended as settlement

negotiations and discussions for which it would violate public policy to allow such to be used in evidence for or

against either party. The parties agree that neither party shall seek to offer or compel testimony or production

of documents created for the collaborative law procedure in any future legal proceedings, without the prior

written consent and authorization of both parties. Unless the parties agree in writing otherwise, all matters,

including the conduct and demeanor of the parties and their counsel during the settlement process, are

confidential and may never be disclosed to anyone, including the court having jurisdiction over the matter, except

that a party and his or her collaborative lawyer is free to disclose information to a successor collaborative

lawyer or trial counsel, consistent with the attorney-client privilege.

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ENFORCEABILITY OF AGREEMENTS

1. Temporary Agreements. In the event that the parties reach a temporary agreement for any purpose,

the agreement will be put in writing and signed by the parties and their Collaborative Lawyers, and

if required by either party, shall be in the form of an Agreed Temporary order and entered by the

Court. A Collaborative Lawyer shall be permitted to present to the Court a written agreement which

is signed by both parties and the Collaborative Lawyers, for entry of a temporary order.

II. Partial and Final Settlement Agreements. Any written agreement, whether partial or final, which is

signed by both parties and their Collaborative Lawyers may be filed with the Court as a Collaborative

Law Settlement Agreement in accordance with Texas Family Code §6.603 and §153.0072 and/or

Rule 11 Agreement, which the Court may make retroactive to the date of the written agreement and

which may be made the basis of a Court order. Should the case settle and the parties agree to

divorce, the Collaborative Lawyers shall cooperate to prepare an Agreed Final Decree which

contains the terms of the parties’ agreements. Either or both Collaborative Lawyers shall be

permitted to appear in Court to have the Agreed Final Decree entered.

III. Withdrawal from the Collaborative Process. The parties understand and agree that neither

Collaborative Lawyer shall be permitted to enforce any written agreements between the parties.

Should the parties seek to enforce any written agreement over the objection of the other party, the

parties must withdraw from the collaborative process. In such event, the Collaborative Lawyers shall

withdraw as attorneys of record and, if required, shall consent to the substitution of trial counsel.

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LEGAL PROCESS

Court Proceedings: After this Collaborative Law Participation Agreement is signed by both parties and

their Collaborative Lawyers, unless otherwise agreed or a withdrawal from the collaborative law process occurs

(as set out hereafter) prior to reaching final agreement on all issues, no motion or document will be prepared

or filed which would initiate court intervention, other than a Petition or Counter-Petition for Divorce and

Answer, for which service of citation will be accepted by the parties* respective lawyers. No hearing shall be

set thereon, other than a final hearing to enter an Agreed Decree. So long as the collaborative law procedures

are in effect, there shall be no judicial intervention except to have the Court approve the settlement agreement,

make the legal pronouncements, and sign the orders required by law to effectuate the agreement.

Withdrawal from Collaborative Law Process: If a party decides to withdraw from the collaborative law

process, prompt written notice will be given to the other party through his or her lawyer, and joint notice of such

termination shall be given to the Court. Upon withdrawal from the collaborative law process, there will be a

thirty (30) day waiting period (unless there is an emergency) before any court hearing, to permit both parties

to retain other lawyers and make an orderly transition. All temporary agreements will remain in full force and

effect during this period. The intent of this provision is to avoid surprise and prejudice to the rights of the other

party. It is mutually agreed that either party may bring this provision to the attention of the Court in requesting

a postponement of a hearing.

Withdrawal of Counsel: If either party chooses to withdraw from the collaborative process by seeking

Court involvement, both lawyers shall withdraw from the representation in accordance with Texas Family Code

§§ 6.603 and/or 153.0072. Further, the parties understand that neither collaborative lawyer (or any lawyer

associated in the practice of law with him/her) may serve as litigation counsel in this case thereafter. Both

lawyers will cooperate in transferring the file to new counsel and are authorized to disclose information to

prospective future counsel, upon their respective client’s request.

Suspension of Court Intervention: The parties and their attorneys agree that Court intervention shall be

suspended while the parties are using collaborative law procedures.

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RIGHTS AND OBLIGATIONS PENDING SETTLEMENT

Although the parties have agreed to work outside the judicial system, the parties agree that neither party

will:

1. Communicate with the other party in person, by telephone, or in writing in vulgar, profane, obscene,

or indecent language or in a coarse or offensive manner.

2. Threaten the other party in person, by telephone, or in writing to take unlawful action against any

person.

3. Place one or more telephone calls, anonymously, at an unreasonable hour, in* an offensive and

repetitious manner, or without a legitimate purpose of communication.

4. Cause bodily injury to the other party or a child of either party, if any.

5. Threaten the other party or a child of either party, if any, with imminent bodily injury.

6. Destroy, remove, conceal, encumber, transfer, or otherwise harm or reduce the value of the property

of one or both of the parties.

7. Falsify any writing or record relating to the property of either party.

8. Misrepresent or refuse to disclose to the other party, on proper request, the existence, amount, or

location of any property of one or both of the parties.

9. Damage or destroy the tangible property of one or both of the parties, including any document that

represents or embodies anything of value.

10. Tamper with the tangible property of one or both of the parties, including any document that

represents or embodies anything of value, thereby causing pecuniary loss to the other party.

11. Sell, transfer, assign, mortgage, encumber, or in any other manner alienate any of the property of

either party, whether personalty or realty, and whether separate or community, except as specifically

agreed to in writing.

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12. Incur any indebtedness except as specifically agreed to in writing, or as specified in this agreement.

13. Make withdrawals from any checking or savings account in any financial institution for any purpose,

except as specifically agreed to in writing, or as specified in this agreement.

14. Spend any sum of cash in the possession or subject to the control of either party for any purpose,

except as specifically agreed to in writing, or as specified in this agreement.

15. Withdraw or borrow in any manner for any purpose from any retirement, profit-sharing, pension,

death, or other employee benefit plan or employee savings plan or from any individual retirement

account or Keogh account, except as specifically agreed to in writing.

16. Enter any safe-deposit box in the name of or subject to the control of either party, whether individually

or jointly with others, unless the parties accompany each other and jointly enter the box for the sole

purpose of inventorying or dividing its contents by mutual agreement.

17. Withdraw or borrow in any manner all or any part of the cash surrender value of life insurance

policies on the life of either party, except as specifically agreed to in writing.

18. Change or in any manner alter the beneficiary designation on any life insurance on the life of either

party, except as specifically agreed to in writing.

19. Cancel, alter, fail to renew or pay premium, or in any manner affect the present level of coverage of

any casualty, automobile, or health insurance policies insuring the parties* property or persons, except

as specifically agreed to in writing.

20. Terminate or in any manner affect the service of water, electricity, gas, telephone, cable television,

or other contractual services, such as security, pest control, landscaping, or yard maintenance, at the

residence of the other party or in any manner attempt to withdraw any deposits for service in

connection with those services, except as specifically agreed to in writing.

21. Exclude the other party from the use and enjoyment of his or her respective residence.

22. Enter or remain on the premises of the residence of the other party without the other*s consent.

23. Open or divert mail addressed to the other party, except as specifically agreed to in writing.

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24. Sign or endorse the other party*s name on any negotiable instrument, check, or draft, such as tax

refunds, insurance payments, and dividends, or attempt to negotiate any negotiable instrument payable

to the parties or the other party without the personal signature of the other party.

25. Take any action to terminate or limit credit or charge cards in the name of the parties or the other

party, except as specifically agreed to in writing.

26. Enter, operate, or exercise control over the motor vehicles in the possession of the other party, except

as specifically agreed to by the parties.

27. Discontinue or reduce the withholding for federal income taxes on either party*s wages or salary,

except as specifically agreed to in writing.

28. Destroy, dispose of, or alter any financial records of the parties, including but not limited to records

from financial institutions (including canceled checks and deposit slips), all records of credit purchases

or cash advances, tax returns, and financial statements.

29. Institute any action in any other county, state, or nation attempting to obtain temporary or permanent

orders concerning the marriage relationship of the parties, the dissolution of that relationship, spousal

support, the conservatorship and support of the children of the parties, if any, or any other issue

incident to a divorce proceeding or other proceeding involving the marital or parent-child relationship,

if applicable.

30. Disturb the peace of the children of the marriage, if any.

31. Remove the children of the marriage, if any, beyond the jurisdiction of the Court, acting directly or

in concert with others, except by agreement of the parties.

32. Disrupt or remove the children of the marriage, if any, from the school or daycare facility where the

children may be presently enrolled.

33. Hide or secrete the children of the marriage, if any, from the other party.

Either party may:

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1. Make expenditures and incur indebtedness for reasonable and necessary living expenses for food,

clothing, shelter, transportation, education and medical care.

2. Make expenditures and incur indebtedness for reasonable lawyer’s fees and expenses in connection

with this separation/marriage dissolution.

3. Make withdrawals from accounts in financial institutions only for the purposes authorized by this

agreement.

4. Engage in acts, make expenditures and incur indebtedness reasonable and necessary to the conduct

of either party*s usual business and occupation.

The parties agree that, upon the filing of an Original Petition for Divorce, either party may require that the

foregoing Rights and Obligations Pending Settlement may be ordered by the Court as an Agreed Temporary

Mutual Injunction. However, in the absence of such a Court Order, this Agreement shall nevertheless remain

enforceable as a contract between the parties and may be the basis for a claim against the party violating its

terms.

ATTORNEYS’ FEES

The parties and their lawyers agree that their lawyers are entitled to be paid a reasonable fee for their

services. The parties agree to make funds available from their community or separate estates, as needed, to

pay these fees. The parties understand that, if necessary, one party may be asked to pay both attorneys* fees

from community property managed solely by him or her (i.e., his or her salary) or from separate funds. The

parties agree that, to the extent possible, all attorneys’ fees and costs (including expert fees) incurred by both

parties shall be paid in full prior to entry of an agreed final decree of divorce.

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ACKNOWLEDGMENT

Both parties and their lawyers acknowledge that they have read this Agreement, understand its terms and

conditions, and agree to abide by them. The parties understand that by agreeing to this alternative method of

resolving their dissolution issues, they are waiving certain rights, including the right to formal discovery (other

than Sworn Inventories and Appraisements), formal court hearings, and other procedures provided by the

adversarial legal system, unless they choose to withdraw from the process. The parties have chosen the

collaborative law process to reduce emotional and financial costs, and to generate a final agreement that

addresses their concerns. The parties and their counsel agree to use their best efforts and make a good faith

attempt to resolve their dissolution of marriage dispute, and/or the suit affecting the parent-child relationship suit,

if applicable, on an agreed basis, without resorting to judicial intervention, except as provided herein.

Dated: __________________________ Dated: ___________________________

________________________________ _________________________________

________________________________ _________________________________

Attorney for Attorney for

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APPENDIX E

SPECIAL MASTER/ARBITRATOR PROVISION

This matter is assigned to _________________, who is appointed special master in this matter during the

duration of the collaborative law process only. Said special master is authorized to adjudicate any selected,

narrowly defined issue which, in the discretion of both collaborative lawyers and clients, it is agreed is better

resolved by an informal submission for determination by a neutral third party, but does not rise to the level of

litigation that threatens the integrity and good faith atmosphere of the Collaborative Law process.

All initial.

No issue may be submitted to the special master until all efforts to resolve the matter collaboratively, including

the mediation of the issue by an agreed upon mediator (unless both collaborative lawyers and clients agree to

forego mediation), have resulted in an impasse. In order to be submitted to the special master, the limited issue

must not be a highly-charged emotional one and must be one the resolution of which would allow the

collaborative process to resume unimpaired.

No party and/or his or her collaborative lawyer may unilaterally resort to having any issue submitted to the

special master. Submission requires agreement as to the issue to be submitted, the timing of the submission, the

method of the submission (such as by stipulations of evidence) and the scope of the authority of the special

master. Either party may retain co-counsel to assist his or her collaborative lawyer in the presentation of

evidence to the special master.

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The special master appointed above may withdraw from the Collaborative Law process sua sponte upon five

(5) days’ written notice, without the requirement of written reasons supporting that decision. The special master

and any lawyer in association with the special master may not appear as lawyer of record for either party

named above in this proceeding or in any other family law matter involving both parties.

All findings, rulings and orders of the special master will be filed and shall be a part of the Court record and

treated as binding, irrevocable Partial Collaborative Law Settlement Agreements. If any party challenges the

entry of an Order memorializing the finding or ruling of the special master, or attempts an appeal therefrom,

such challenge shall be treated as a resort to litigation, and shall result in the automatic termination of the

Collaborative Law process.

At the place where “transition of counsel” is discussed, we could add: Nothing in this Agreement shall

prohibit either of the collaborative lawyers from serving as a settlement expert and consultant to any litigation

counsel retained by his or her respective client in the event of the termination of this process. However, the

collaborative lawyer may not appear in court as co-counsel and may not participate in the trial of any issue.

Documents

AGREEMENTS BETWEEN ATTORNEYS JACK W. MARREDUCATION J. D., Texas Tech University School of Law. Graduated, May 1974. Bachelor of Business Administration, Finance Major, Texas Tech University