658G-14]  Appropriateness of collaborative law process.  Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

Terms Used In Hawaii Revised Statutes 658G-14

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 428-108
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

         (1)  Sign a collaborative law participation agreement; and

         (2)  Are represented by collaborative lawyers. See Hawaii Revised Statutes 428-108

  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 428-108
  • Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 428-108
  • Law firm: means :

         (1)  Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association;

         (2)  Lawyers employed in a legal services organization;

         (3)  Lawyers employed in the legal department of a corporation or other organization; or

         (4)  Lawyers employed in the legal department of a government or governmental subdivision, agency, or instrumentality. See Hawaii Revised Statutes 428-108

  • Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 428-108
  • Proceeding: means :

         (1)  A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and post-hearing motions, conferences, and discovery; or

         (2)  A legislative hearing or similar process. See Hawaii Revised Statutes 428-108

  • Prospective party: means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. See Hawaii Revised Statutes 428-108
  • Tribunal: means :

         (1)  A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity which, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter; or

         (2)  A legislative body conducting a hearing or similar process. See Hawaii Revised Statutes 428-108

     (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 that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and

     (3)  Advise the prospective party that:

          (A)  After signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

          (B)  Participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and

          (C)  The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by section 658G-9(c), 658G-10(b), or 658G-11(b).