§ 1-641 – Short title.

1-641. Short title. This Article may be cited as the Uniform Collaborative Law Act. (2020-65, s. 1.)

§ 1-642 – Definitions.

1-642. Definitions. The following definitions apply in this Article: (1) Collaborative law communication. – A statement, whether oral or in a record, or verbal or nonverbal, that does all of the following: a. Is made to conduct, participate in, continue, or reconvene a collaborative law process. b. Occurs after the parties sign a collaborative law […]

§ 1-643 – Applicability; restrictions.

1-643. Applicability; restrictions. (a) Except as provided in subsection (b) of this section, this Article applies to a collaborative law participation agreement that meets the requirements of G.S. 1-644 signed on or after the effective date of this act. (b) This Article does not apply to any claim or proceeding arising under Chapter 35A, 35B, […]

§ 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 […]

§ 1-645 – 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 […]

§ 1-646 – Proceedings pending before tribunal; status report.

1-646. Proceedings pending before tribunal; status report. (a) 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 collaborative law participation agreement after it is signed. Subject […]

§ 1-647 – Emergency order.

1-647. Emergency order. During a collaborative law process, a party may begin a proceeding and a tribunal may issue emergency orders upon motion of a party in that or an already pending proceeding to protect the health, safety, welfare, or interest of a party or otherwise preserve the status quo. (2020-65, s. 1.)

§ 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 […]

§ 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 […]

§ 1-660 – 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 […]