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

78B-19-112. Coercive or violent relationship.
(1) Before a prospective party signs a collaborative law participation agreement, aprospective collaborative lawyer shall make reasonable inquiry whether the prospective party hasa history of a coercive or violent relationship with another prospective party.
(2) Throughout a collaborative law process, a collaborative lawyer reasonably andcontinuously shall assess whether the party the collaborative lawyer represents has a history of acoercive or violent relationship with another party.
(3) If a collaborative lawyer reasonably believes that the party the lawyer represents orthe prospective party who consults the lawyer has a history of a coercive or violent relationshipwith another party or prospective party, the lawyer may not begin or continue a collaborative lawprocess 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 prospectiveparty can be protected adequately during a process.

Enacted by Chapter 382, 2010 General Session