(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party.
(b) Throughout a collaborative law process, a collaborative lawyer reasonably and continuously shall assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party.
(c) If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:
(1) The party or the prospective party requests beginning or continuing the process; and
(2) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.
CREDIT(S)
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For history of Law 19-125, see notes under § 16-4001.
Uniform Law:
This section is based on § 15 of the Uniform Collaborative Law Act. See Vol. 7 , Part 1B, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.
