(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 a process; and
(2) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
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.