25-40-117. Waiver and preclusion of privilege
25-40-117. Waiver and preclusion of privilege. (1) A privilege under 25-40-116 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 the nonparty participant. (2) A person that makes a disclosure […]
25-40-118. Limits of privilege
25-40-118. Limits of privilege. (1) There is no privilege under 25-40-116 for a collaborative law communication that is: (a) available to the public or made during a session of a collaborative law process that is open or is required by law to be open to the public; (b) a threat or statement of a plan to inflict bodily […]
25-40-119. Authority of tribunal in case of noncompliance
25-40-119. Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115, a tribunal may still find that the parties intended to enter into a collaborative law participation agreement if they: (a) signed a record indicating an intention to enter […]
25-40-120. Uniformity of application and construction
25-40-120. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: En. Sec. 20, Ch. 200, L. 2015.
25-40-121. Relation to Electronic Signatures in Global and National Commerce Act
25-40-121. Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described […]
25-40-109. Low-income parties
25-40-109. Low-income parties. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party with or without a fee. (2) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under 25-40-108(1) is associated may represent a party without a fee in the collaborative matter […]
25-40-110. Governmental entity as party
25-40-110. Governmental entity as party. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, […]
25-40-111. Disclosure of information
25-40-111. Disclosure of information. Except as 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 formal discovery. A party also shall promptly update previously disclosed information that has materially changed. The parties may […]
25-40-112. Standards of professional responsibility and mandatory reporting not affected
25-40-112. Standards of professional responsibility and mandatory reporting not affected. This part does not affect: (1) the professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) the obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state. History: En. Sec. […]
25-40-113. Appropriateness of collaborative law process
25-40-113. 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 […]