§ 1-653 – Standards of professional responsibility not affected.
1-653. Standards of professional responsibility not affected. This Article does not affect the professional responsibility, obligations, and standards applicable to a lawyer or other licensed professional, including rules governing the confidentiality of information acquired by a lawyer during the professional relationship with a client. (2020-65, s. 1.)
§ 1-654 – Informed consent.
1-654. Informed consent. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following: (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 […]
§ 1-655 – No liability for decision to participate.
1-655. No liability for decision to participate. No person incurs liability, either individually or in any fiduciary, official, or other capacity, with regard to the person’s decision to participate or not to participate in a collaborative law process. (2020-65, s. 1.)
§ 1-656 – Confidentiality of collaborative law communication.
1-656. Confidentiality of collaborative law communication. A collaborative law communication shall not be disclosed to anyone other than a party, a party’s collaborative lawyer, or a nonparty participant except to the extent agreed by the parties in a signed record or as provided by law of this State other than this Article. (2020-65, s. 1.)
§ 1-657 – Privilege against disclosure for collaborative law communication; admissibility; discovery.
1-657. Privilege against disclosure for collaborative law communication; admissibility; discovery. (a) Subject to G.S. 1-658 and G.S. 1-659, a collaborative law communication is privileged under subsection (b) of this section, 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 […]
§ 1-658 – Waiver and preclusion of privilege.
1-658. Waiver and preclusion of privilege. (a) A privilege under G.S. 1-657 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. (b) A person that […]
§ 1-659 – Limits of privilege.
1-659. Limits of privilege. (a) There is no privilege under G.S. 1-657 for a collaborative law communication that is any of the following: (1) Available to the public under Chapter 132 of the General Statutes or made during a session of a collaborative law process that is open, or is required by law to be […]
§ 1-644 – Collaborative law participation agreement; requirements.
1-644. Collaborative law participation agreement; requirements. (a) A collaborative law participation agreement must meet all of the following requirements: (1) Be in a record. (2) Be signed by the parties and their collaborative lawyers. (3) State the parties’ intention to resolve a collaborative matter through a collaborative law process under this Article. (4) Describe the […]
§ 1-660 – Authority of tribunal in case of noncompliance.
1-660. Authority of tribunal in case of noncompliance. (a) If an agreement fails to meet the requirements of G.S. 1-644 or a lawyer fails to comply with G.S. 1-654, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they did both of the following: (1) Signed […]
§ 1-645 – Beginning and concluding collaborative law process; tolling of time periods.
1-645. Beginning and concluding collaborative law process; tolling of time periods. (a) Participation in a collaborative law process is voluntary. A collaborative law process begins when the parties sign a collaborative law participation agreement. (b) A tribunal shall not order a person to participate in a collaborative law process over that person’s objection. (c) A […]