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 […]

25-40-106. Emergency order

25-40-106. Emergency order. During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party. History: En. Sec. 6, Ch. 200, L. 2015.

25-40-107. Approval of agreement by tribunal

25-40-107. Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process. History: En. Sec. 7, Ch. 200, L. 2015.

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. […]

25-40-113. 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 […]

25-40-114. Coercive or violent relationship

25-40-114. Coercive or violent relationship. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (2) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the […]

25-40-115. Confidentiality of collaborative law communication

25-40-115. Confidentiality of collaborative law communication. A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law. History: En. Sec. 15, Ch. 200, L. 2015.

25-40-116. Privilege against disclosure for collaborative law communication — admissibility — discovery

25-40-116. Privilege against disclosure for collaborative law communication — admissibility — discovery. (1) Subject to 25-40-117 and 25-40-118, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence. (2) In a proceeding, the following privileges apply: (a) A party may refuse to disclose, and may […]

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.