                                 CODE OF VIRGINIA

APPROPRIATENESS OF COLLABORATIVE LAW PROCESS (§ 20-179)

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&#8217;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 a collaborative law participation 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 unilaterally terminate 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 subsection C of &#xA7; 20-175 or by &#xA7; 20-176.

HISTORY: 2021, Sp. Sess. I, c. 346.