Section 14 - Appropriateness of Collaborative Family Law ProcessBefore a prospective party signs a collaborative family law participation agreement, a prospective collaborative lawyer must:
(a) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative family law process is appropriate for the prospective party's matter;(b) provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative family law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, including litigation, mediation, arbitration, or expert evaluation; and(c) advise the prospective party that;(1) after signing a collaborative family law participation agreement, if a party initiates a proceeding or seeks court intervention in a pending proceeding related to the collaborative family law matter, the collaborative family law process terminates, other than to submit the agreement achieved in the collaborative family law process to the court for approval and entry of final order;(2) participation in a collaborative family law process is voluntary and any party has the right to terminate unilaterally a collaborative family law process with or without cause; and(3) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a court to represent a party in a proceeding related to the collaborative family law matter, except as authorized by Section 9, Subsection (a), Section 10, and Section 11, Subsection (c).Adopted by order filed and effective 4/1/2019.