25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm
25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm. (1) Except as provided in subsection (3), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (2) Except as provided in 25-40-109 and 25-40-110 and subsection (3) of this section, a lawyer in […]
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. […]
25-40-101. Short title
25-40-101. Short title. This part may be cited as the “Uniform Collaborative Law Act”. History: En. Sec. 1, Ch. 200, L. 2015.
25-40-102. Definitions
25-40-102. Definitions. (1) “Collaborative law communication” means a statement, whether oral or in a record, or verbal or nonverbal, that: (a) is made to conduct, participate in, continue, or reconvene a collaborative law process; and (b) occurs after the parties sign a collaborative law participation agreement and before the collaborative law process is concluded. (2) ”Collaborative law participation agreement” […]
25-40-103. Collaborative law participation agreement — requirements
25-40-103. Collaborative law participation agreement — requirements. (1) A collaborative law participation agreement must: (a) be in a record; (b) be signed by the parties; (c) state the parties’ intention to resolve a collaborative matter through a collaborative law process under this part; (d) describe the nature and scope of the matter; (e) identify the collaborative lawyer who represents each party […]
25-40-104. Beginning and concluding collaborative law process
25-40-104. Beginning and concluding collaborative law process. (1) A collaborative law process begins when the parties sign a collaborative law participation agreement. (2) A tribunal may not order a party to participate in a collaborative law process over that party’s objection. (3) A collaborative law process is concluded by a: (a) resolution of a collaborative matter as evidenced by […]
25-40-105. Proceedings pending before tribunal — status report
25-40-105. Proceedings pending before tribunal — status report. (1) 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 agreement after it is signed. Subject to 25-40-106 and […]