§ 20-183. Waiver and preclusion of privilege
A. A privilege under § 20-182 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by such participant. B. A person who makes a disclosure or representation about a […]
§ 20-184. Limits of privilege
A. There is no privilege under § 20-182 for a collaborative law communication that is: 1. Available to the public; 2. A threat or statement of a plan to inflict bodily injury or commit a crime of violence; 3. Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an […]
§ 20-185. Authority of tribunal in case of noncompliance
A. If a collaborative law participation agreement fails to meet the requirements of § 20-170, or a lawyer fails to comply with § 20-179 or 20-180, a tribunal may nevertheless find that the parties intended to enter into a collaborative law participation agreement if they (i) signed a record indicating an intention to enter into […]
§ 20-186. Uniformity of application and construction
In applying and construing this uniform chapter, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. 2021, Sp. Sess. I, c. 346.
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. § 7001 et seq., but does not modify, limit, or supersede § 101(c) of that act, 15 U.S.C. § 7001(c), or authorize electronic delivery of any of the notices described in § 103(b) of that act, 15 U.S.C. […]
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery
A. Subject to §§ 20-183 and 20-184, a collaborative law communication is privileged under subsection B, is not subject to discovery, and is not admissible in evidence. B. In a proceeding, the following privileges apply: 1. A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication. 2. […]
§ 20-177. Disclosure of information
Except as otherwise provided by law, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without the requirement of the formal discovery procedures set forth in Part 4 of the Rules of Supreme Court of Virginia. […]
§ 20-178. Standards of professional responsibility and mandatory reporting not affected
This chapter does not affect the professional responsibility obligations and standards applicable to a lawyer or other licensed professional or the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the laws of the Commonwealth. 2021, Sp. Sess. I, c. 346.
§ 20-179. Appropriateness of collaborative law process
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: 1. Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter; 2. Provide the prospective party with information that the lawyer reasonably believes is sufficient for […]
§ 20-180. History of family abuse
A. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether there exists a history of family abuse between the prospective parties. B. Throughout a collaborative law process, a collaborative lawyer shall reasonably and continuously assess whether there exists a history of family abuse between […]