Va. Code Ann. § 20-179
Appropriateness of collaborative law process
Redline — June 1, 2021 → current.View current text →
Current — March 1, 2022
As of June 1, 2021
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;
(1) Assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;
(2) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
(2) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material benefits and risks of a collaborative law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, such as litigation, mediation, arbitration, or expert evaluation; and
(3) Advise the prospective party that: After signing a collaborative law participation agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(3) Advise the prospective party that: After signing a collaborative law participation agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(4) Participation in a collaborative law process is voluntary, and any party has the right to unilaterally terminate a collaborative law process with or without cause; and
(4) Participation in a collaborative law process is voluntary, and any party has the right to unilaterally terminate a collaborative law process with or without cause; and
(5) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection C of § 20-175 or by § 20-176. (2021, Sp. Sess. I, c. 346.)
(5) The collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection C of § 20-175 or by § 20-176.
Official source: Virginia Law Portal (LIS). Reproduced from public-domain Virginia statutes; confirm against the official source for the current text. Not legal advice.