§ 1-648 – Approval of agreement by tribunal.
1-648. Approval of agreement by tribunal. A tribunal may approve an agreement resulting from a collaborative law process. (2020-65, s. 1.)
§ 1-649 – Disqualification of collaborative lawyer and lawyers in associated law firm.
1-649. Disqualification of collaborative lawyer and lawyers in associated law firm. (a) Except as otherwise provided in subsection (c) of this section and G.S. 1-647, 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) […]
§ 1-650 – Low-income parties.
1-650. Low-income parties. (a) The disqualification under G.S. 1-649(a) applies 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 under G.S. 1-649(a) is associated may represent a party without fee in the collaborative matter […]
§ 1-651 – Governmental entity as party.
1-651. Governmental entity as party. (a) The disqualification under G.S. 1-649(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (b) 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 […]
§ 1-652 – Disclosure of information.
1-652. Disclosure of information. (a) Except as provided by subsection (b) of this section or by law other than this Article, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of all relevant information related to the collaborative matter without formal discovery. A […]
§ 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 […]