Michigan Laws 691.1344 – Prospective collaborative lawyer; duties
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Terms Used In Michigan Laws 691.1344
- Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Michigan Laws 691.1332
- Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers. See Michigan Laws 691.1332
- Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Michigan Laws 691.1332
- Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution, including a dispute, claim, or issue in a proceeding, that is described in a collaborative law participation agreement and arises under the family or domestic relations law of this state, including any of the following:
(i) Marriage, divorce, dissolution, annulment, and property distribution. See Michigan Laws 691.1332Law firm: means both of the following:
(i) Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association. See Michigan Laws 691.1332Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Michigan Laws 691.1332 Proceeding: means any of the following:
(i) A judicial, administrative, arbitral, or other adjudicative process before a tribunal, including related prehearing and posthearing motions, conferences, and discovery. See Michigan Laws 691.1332Prospective party: means a person that discusses with a prospective collaborative lawyer the possibility of signing a collaborative law participation agreement. See Michigan Laws 691.1332 Tribunal: means any of the following:
(i) A court, arbitrator, administrative agency, or other body acting in an adjudicative capacity that, after presentation of evidence or legal argument, has jurisdiction to render a decision affecting a party's interests in a matter. See Michigan Laws 691.1332
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall do all of the following:
(a) 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.
(b) 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.
(c) Advise the prospective party of all of the following:
(i) That 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.
(ii) That 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.
(iii) That 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 9(3), 10(2), or 11(2).