RCW 7.77.040
433 words·~2 min read·
/wa/title-7/chapter-7-77/7-77-040A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)A collaborative law process begins when the parties sign a collaborative law participation agreement.
(2)A tribunal may not order a party to participate in a collaborative law process over that party's objection.
(3)A collaborative law process is concluded by a:
(a)Resolution of a collaborative matter as evidenced by a signed record;
(b)Resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or
(c)Termination of the process.
(4)A collaborative law process terminates:
(a)When a party gives notice to other parties in a record that the process is ended; or
(b)When a party:
(i)Begins a proceeding related to a collaborative matter without the agreement of all parties; or
(ii)In a pending proceeding related to the matter:
(A)Initiates a pleading, motion, order to show cause, or request for a conference with the tribunal without the agreement of all parties as to the relief sought;
(B)Requests that the proceeding be put on the tribunal's active calendar; or
(C)Takes similar contested action requiring notice to be sent to the parties; or
(c)Except as otherwise provided by subsection
(7)of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.
(5)A party's collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.
(6)A party may terminate a collaborative law process with or without cause.
(7)Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues, if not later than thirty days after the date that the notice of the discharge or withdrawal of a collaborative lawyer required by subsection
(5)of this section is sent to the parties:
(a)The unrepresented party engages a successor collaborative lawyer; and
(b)In a signed record:
(i)The parties consent to continue the process by reaffirming the collaborative law participation agreement;
(ii)The agreement is amended to identify the successor collaborative lawyer; and
(iii)The successor collaborative lawyer confirms the lawyer's representation of a party in the collaborative law process.
(8)A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part thereof as evidenced by a signed record.
(9)A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
[ 2013 c 119 s 5 .]