As used in this chapter, unless the context requires otherwise: “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that (i) is made to conduct, participate in, continue, or reconvene a collaborative law process and (ii) occurs after the parties sign a collaborative law participation agreement and before […]
This chapter applies to a collaborative law participation agreement that meets the requirements of § 20-170 and is signed on or after July 1, 2021. 2021, Sp. Sess. I, c. 346.
A. A collaborative law participation agreement shall: 1. Be in a record; 2. Be signed by the parties; 3. State the parties’ intention to resolve a collaborative matter through a collaborative law process under this chapter; 4. Describe the nature and scope of the matter; 5. Identify the collaborative lawyer who represents each party in […]
A. A collaborative law process begins when the parties sign a collaborative law participation agreement. B. A tribunal shall not order a party to participate in a collaborative law process over such party’s objection. C. A collaborative law process is concluded by a: 1. Resolution of a collaborative matter as evidenced by a signed record; […]
A. Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the collaborative law participation agreement after it is signed. Subject to subsection D and §§ 20-173 and […]
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or a party’s family or household member. 2021, Sp. Sess. I, c. 346.
A tribunal may affirm, ratify, and incorporate into a court order any agreement resulting from a collaborative law process. 2021, Sp. Sess. I, c. 346.
A. Except as otherwise provided in subsection C, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. B. Except as otherwise provided in subsection C and § 20-176, a lawyer in a law firm with which the collaborative lawyer is associated is […]
A. The disqualification provisions of § 20-175 apply to a collaborative lawyer representing a party with or without fee. B. After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified pursuant to § 20-175 is associated may represent a party without fee in the collaborative matter or […]
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. […]
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.
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 […]
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 […]
A collaborative law communication is confidential to the extent agreed upon by the parties in a signed record or as provided by another law of the Commonwealth. 2021, Sp. Sess. I, c. 346.
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. […]
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 […]
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 […]
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 […]
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.
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. […]
