Michigan Laws 691.1345 – Coercive or violent relationship
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 691.1345
- 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
- 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
- Prospective 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
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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. A reasonable inquiry includes the use of the domestic violence screening protocol for mediation provided by the state court administrative office.
(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 both of the following apply:
(a) The party or the prospective party requests beginning or continuing a process.
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.