Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(1) 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;
(2) 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; and
(3) advise the prospective party that:
(A) after signing an agreement if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;
(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
(C) the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter, except as authorized by subsection (c) of Section 6-6-26.08.
Structure Code of Alabama
Article 1 - Settlement of Controversies.
Division 4 - Alabama Uniform Collaborative Law Act.
Section 6-6-26.01 - Definitions.
Section 6-6-26.02 - Applicability.
Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements.
Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process.
Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report.
Section 6-6-26.06 - Emergency Order.
Section 6-6-26.07 - Approval of Agreement by Tribunal.
Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
Section 6-6-26.09 - Low Income Parties.
Section 6-6-26.10 - Governmental Entity as Party.
Section 6-6-26.11 - Disclosure of Information.
Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
Section 6-6-26.13 - Appropriateness of Collaborative Law Process.
Section 6-6-26.14 - Coercive or Violent Relationship.
Section 6-6-26.15 - Confidentiality of Collaborative Law Communication.
Section 6-6-26.17 - Waiver and Preclusion of Privilege.
Section 6-6-26.18 - Limits of Privilege.
Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.
Section 6-6-26.20 - Uniformity of Application and Construction.
Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.