§658G-14 Appropriateness of collaborative law process. 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, such as litigation, mediation, arbitration, or expert evaluation; 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 section 658G-9(c), 658G-10(b), or 658G-11(b). [L 2012, c 207, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658G. Hawaii Uniform Collaborative Law Act
658G-4 Collaborative law participation agreement; requirements.
658G-5 Beginning and concluding a collaborative law process.
658G-6 Proceedings pending before tribunal; status report.
658G-8 Approval of agreement by tribunal.
658G-9 Disqualification of collaborative lawyer and lawyers in associated law firm.
658G-11 Governmental entity as party.
658G-12 Disclosure of information.
658G-13 Standards of professional responsibility and mandatory reporting not affected.
658G-14 Appropriateness of collaborative law process.
658G-15 Coercive or violent relationship.
658G-16 Confidentiality of collaborative law communication.
658G-17 Privilege against disclosure for collaborative law communication; admissibility; discovery.
658G-18 Waiver and preclusion of privilege.
658G-20 Authority of tribunal in case of noncompliance.
658G-21 Uniformity of application and construction.
658G-22 Relation to Electronic Signatures in Global and National Commerce Act.