Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
| (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; |
Terms Used In Utah Code 78B-19-111
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
| (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 the Rules of Professional Conduct. |
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Enacted by Chapter 382, 2010 General Session
