NRS 38.540
Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties.

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.

Source: Section 38.540 — Prospective collaborative lawyer to make certain inquiries and assessments concerning relationship of parties., https://www.­leg.­state.­nv.­us/NRS/NRS-038.­html#NRS038Sec540.

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

Feb. 5, 2021

§ 38.540’s source at nv​.us