§ 7404. Assessment and review.

263 words·~1 min read·/pa/title-42/chapter-74/7404

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

(a)General assessment.-- Before entering into a collaborative law participation agreement, a prospective party shall:

(1)Assess factors the prospective party's attorney reasonably believes relate to whether the collaborative law process is appropriate for the matter and for the parties, including a prospective party or nonparty participant's history, if any, of violent or threatening behavior.

(2)Review information that the attorney reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative law process, as compared with other alternatives.

(b)Threatening or violent behavior.--

(1)Before a prospective party signs a collaborative law participation agreement, an attorney shall inquire whether the prospective party has a history of threatening or violent behavior toward any party or nonparty participant who will be part of the collaborative law process.

(2)If an attorney learns or reasonably believes, before commencing or at any point in the collaborative law process, that a party or prospective party has engaged in or has a history of threatening or violent behavior toward any other party or nonparty participant, the attorney may not begin or continue the collaborative law process unless the party or prospective party:

(i)Requests beginning or continuing the collaborative law process.

(ii)Indicates that the safety of all parties to the collaborative law process can be protected adequately during the collaborative law process.

(c)Private cause of action.-- An attorney's failure to protect a party under this section shall not give rise to a private cause of action against the attorney.

42c7405s