NRS 38.535
Required assessment and disclosures regarding process by prospective collaborative lawyer.

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

1.

Assess with the prospective party factors that the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party’s matter;

2.

Provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective 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 a collaborative law participation agreement is signed, the collaborative law process terminates if a party initiates a proceeding or seeks the intervention of a tribunal in a pending proceeding related to the collaborative matter;

(b)

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; 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 3 of NRS 38.510, subsection 2 of NRS 38.515 or subsection 2 of NRS 38.520.

Source: Section 38.535 — Required assessment and disclosures regarding process by prospective collaborative lawyer., https://www.­leg.­state.­nv.­us/NRS/NRS-038.­html#NRS038Sec535.

38.400
Short title. 38.405
Definitions. 38.410
“Collaborative law communication” defined. 38.415
“Collaborative law participation agreement” defined. 38.420
“Collaborative law process” defined. 38.425
“Collaborative lawyer” defined. 38.430
“Collaborative matter” defined. 38.435
“Law firm” defined. 38.440
“Nonparty participant” defined. 38.445
“Party” defined. 38.450
“Person” defined. 38.455
“Proceeding” defined. 38.460
“Prospective party” defined. 38.465
“Record” defined. 38.470
“Related to a collaborative matter” defined. 38.475
“Sign” defined. 38.480
“Tribunal” defined. 38.485
Requirements for collaborative law participation agreement 38.490
Collaborative law process: Commencement 38.495
Participation agreement by persons in proceeding pending before tribunal 38.500
Emergency order. 38.505
Approval of agreement by tribunal. 38.510
Disqualification of collaborative lawyer and lawyers in associated law firm in certain related proceedings. 38.515
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to low-income parties. 38.520
Applicability of disqualification of collaborative lawyer or lawyer in associated law firm with respect to party that is governmental entity. 38.525
Disclosure of information during process. 38.530
Obligations and standards of professional responsibility and mandatory reporting not affected. 38.535
Required assessment and disclosures regarding process by prospective collaborative lawyer. 38.540
Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties. 38.545
Confidentiality of collaborative law communication. 38.550
Privilege against disclosure of collaborative law communication 38.555
Waiver and preclusion of privilege. 38.560
Limits of privilege. 38.565
Authority of tribunal in case of noncompliance. 38.570
Applying and construing Uniform Act to promote uniformity. 38.575
Relation to Electronic Signatures in Global and National Commerce Act.
Last Updated

Jun. 24, 2021

§ 38.535’s source at nv​.us