78B-19-112. 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 party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
- (3) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
- (a) the party or the prospective party requests to begin or to continue a process; and
- (b) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
Enacted by Chapter 382, 2010 General Session