§ 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 […]
§ 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 […]