(a) Subject to §§ 16-4018 and 16-4019, a collaborative law communication is privileged under subsection (b) of this section, is not subject to discovery, and is not admissible as evidence.
(b) In a proceeding, the following privileges apply:
(1) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.
(2) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.
(c) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
This section is referenced in § 16-4018, § 16-4019, and § 16-4020.
Uniform Law: This section is based on § 17 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