Current through the 2024 Fourth Special Session
Section 78B-19-112 - Coercive or violent relationship(1) 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.(2) 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.(3) 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: (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 prospective party can be protected adequately during a process.Enacted by Chapter 382, 2010 General Session.