(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 the process; and
(2) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
This section is referenced in § 16-4020.
Uniform Law: This section is based on § 15 of the Uniform Collaborative Law Act.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 40 - Collaborative Law; Uniform Act
§ 16–4004. Collaborative law participation agreement; requirements
§ 16–4005. Beginning and concluding collaborative law process
§ 16–4006. Proceedings pending before tribunal; status report
§ 16–4008. Approval of agreement by tribunal
§ 16–4009. Disqualification of collaborative lawyer and lawyers in associated law firm
§ 16–4011. Governmental entity as party
§ 16–4012. Disclosure of information
§ 16–4013. Standards of professional responsibility and mandatory reporting not affected
§ 16–4014. Appropriateness of collaborative law process
§ 16–4015. Coercive or violent relationship
§ 16–4016. Confidentiality of collaborative law communication
§ 16–4018. Waiver and preclusion of privilege
§ 16–4019. Limits of privilege
§ 16–4020. Authority of tribunal in case of noncompliance
§ 16–4021. Uniformity of application and construction
§ 16–4022. Relation to Electronic Signatures in Global and National Commerce Act