Nevada § 38.540 Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties

Nevada Statutes

§ 38.540 — Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties

Nevada·Title 3 REMEDIES; SPECIAL ACTIONS AND PROCEEDINGS·Ch. 38 Mediation· COLLABORATIVE LAW (UNIFORM ACT)

1.Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer must make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.

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 shall not begin or continue a collaborative law process unless:

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1. Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer must make reasonable inquiry into whether the prospective party has a history of a coercive or violent relationship with another prospective party.
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 shall not begin or continue a collaborative law process unless:
(a) The party or the prospective party requests beginning or continuing the collaborative law process; and
(b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during the process.

Nevada § 38.540 (Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.