78B-19-111 - Appropriateness of collaborative law process. - Utah Statutes

78B-19-111. Appropriateness of collaborative law process.
Before a prospective party signs a collaborative law participation agreement, aprospective collaborative lawyer shall:
(1) assess with the prospective party factors the lawyer reasonably believes relate towhether a collaborative law process is appropriate for the prospective party's matter;
(2) provide the prospective party with information that the lawyer reasonably believes issufficient for the party to make an informed decision about the material benefits and risks of acollaborative law process as compared to the material benefits and risks of other reasonablyavailable 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 tribunalintervention in a pending proceeding related to the collaborative matter, the collaborative lawprocess terminates;
(b) participation in a collaborative law process is voluntary and any party has the right toterminate unilaterally a collaborative law process with or without cause; and
(c) the collaborative lawyer and any lawyer in a law firm with which the collaborativelawyer is associated may not appear before a tribunal to represent a party in a proceeding relatedto the collaborative matter, except as authorized by the Rules of Professional Conduct.

Enacted by Chapter 382, 2010 General Session