RSA 490-J:12 · Appropriateness of Collaborative Law Process

490-J:12 Appropriateness of Collaborative Law Process. – Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

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I.

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;

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II.

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 neutral evaluation; and

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III.

Advise the prospective party that:

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(a)

After signing an agreement if a party initiates a proceeding or seeks court intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;

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(b)

Participation in a collaborative law process is voluntary and any party has the right to terminate unilaterally a collaborative law process with or without cause; and

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(c)

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 matter, except as authorized by RSA 490-J:9, III. Source. 2021, 206:2, Pt. V, Sec. 1, eff. Oct. 9, 2021.

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