Except as provided by law other than this article 24, during the collaborative law process, on the request of one party made to the other party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed information that has materially changed. The parties may define the scope of disclosure during the collaborative law process; however, at a minimum, the disclosure shall include the documents required to be disclosed pursuant to rule 16.2 (e)(2) of the Colorado rules of civil procedure.
Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 794, � 1, effective January 1, 2022.
13-24-113. Standards of professional responsibility and mandatory reporting not affected. (1) This article 24 does not affect:
(a) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or
(b) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this state.
(2) Nothing in section 13-24-117 waives the provisions of rule 1.6 (b) of the Colorado rules of professional conduct.
Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 794, � 1, effective January 1, 2022.
13-24-114. Appropriateness of collaborative law process - informed consent. (1) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:
(a) 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;
(b) 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 other alternative dispute resolution options; and
(c) Advise the prospective party in writing:
(I) That 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;
(II) That 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;
(III) That 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 13-24-109; and
(IV) Of the privileged nature of collaborative communications as reflected in this article 24.
Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 795, � 1, effective January 1, 2022.