78B-19-112. Coercive or violent relationship.

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

(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.

(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:

(a)the party or the prospective party requests to begin or to continue a process; and

(b)the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.

Enacted by Chapter 382 , 2010 General Session