Bill > H31

This bill establishes a uniform framework for collaborative law, a process where parties and their lawyers agree to resolve disputes outside of court. Key provisions include defining terms like "collaborative law communication" (statements made during the process), "collaborative law participation agreement" (the contract to engage in collaborative law), and "collaborative lawyer" (a lawyer representing a party in this process). The bill outlines the requirements for a valid participation agreement, which must be in writing, signed by all parties, and clearly state their intention to resolve a specific matter collaboratively, identifying the lawyers involved. It details how a collaborative law process begins, can be temporarily paused if a court case is already underway, and how it concludes, either through a signed resolution or termination. Importantly, the bill establishes that lawyers participating in collaborative law are generally disqualified from representing their clients in court if the collaborative process fails, with specific exceptions for seeking emergency orders or finalizing agreements. It also mandates that parties disclose information informally and candidly, and that lawyers assess the appropriateness of collaborative law, especially in cases involving potential domestic violence, while ensuring the confidentiality of communications made during the process, with certain exceptions for threats, crimes, or when agreements are finalized.