A. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry into whether there exists a history of family abuse between the prospective parties.
B. Throughout a collaborative law process, a collaborative lawyer shall reasonably and continuously assess whether there exists a history of family abuse between the parties.
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 family abuse with another party or prospective party, the lawyer shall not begin or continue a collaborative law process unless (i) the party or the prospective party requests beginning or continuing the process and (ii) the collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.
2021, Sp. Sess. I, c. 346.
Structure Code of Virginia
Chapter 11 - Uniform Collaborative Law Act
§ 20-170. Collaborative law participation agreement; requirements
§ 20-171. Beginning and concluding collaborative law process
§ 20-172. Proceedings pending before tribunal; status report
§ 20-174. Affirmation of agreement by tribunal
§ 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception
§ 20-176. Low-income parties; exception from imputed disqualification
§ 20-177. Disclosure of information
§ 20-178. Standards of professional responsibility and mandatory reporting not affected
§ 20-179. Appropriateness of collaborative law process
§ 20-180. History of family abuse
§ 20-181. Confidentiality of collaborative law communication
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery
§ 20-183. Waiver and preclusion of privilege
§ 20-185. Authority of tribunal in case of noncompliance
§ 20-186. Uniformity of application and construction
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act