§658G-15 Coercive or violent relationship. (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. [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.