Sec. 15.
(1) 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. A reasonable inquiry includes the use of the domestic violence screening protocol for mediation provided by the state court administrative office.
(2) 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.
(3) 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 both of the following apply:
(a) The party or the prospective party requests beginning or continuing a process.
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
History: 2014, Act 159, Eff. Dec. 8, 2014
Structure Michigan Compiled Laws
Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354)
Section 691.1331 - Short Title.
Section 691.1332 - Definitions.
Section 691.1333 - Applicability of Act.
Section 691.1334 - Collaborative Law Participation Agreement; Requirements.
Section 691.1335 - Beginning and Concluding Collaborative Law Process.
Section 691.1336 - Proceeding Pending Before Tribunal; Status Report.
Section 691.1337 - Emergency Orders.
Section 691.1338 - Approval of Agreement by Tribunal.
Section 691.1339 - Disqualification of Collaborative Lawyer in Associated Law Firm.
Section 691.1340 - Representation of Party With or Without Fee.
Section 691.1341 - Governmental Entity as Party.
Section 691.1342 - Disclosure of Information.
Section 691.1343 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
Section 691.1344 - Prospective Collaborative Lawyer; Duties.
Section 691.1345 - Coercive or Violent Relationship.
Section 691.1346 - Confidentiality of Collaborative Law Communication.
Section 691.1348 - Waiver and Preclusion of Privilege.
Section 691.1349 - Limits of Privilege.
Section 691.1350 - Authority of Tribunal in Case of Noncompliance.
Section 691.1351 - Application and Construction of Act.