403.660 Appropriateness of collaborative law process.

208 words·~1 min read·/ky/chapter-403/403-660

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

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;

(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 court

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 unilaterally terminate 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 court to represent a

party in a proceeding related to the collaborative matter, except as authorized

by KRS 403.650(3), 403.652(2), or 403.654(2).