Assessment and review. (a) General assessment.-- Before entering into a collaborative law participation agreement, a prospective party
Pennsylvania Consolidated Statutes
Section: 7404
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 7404
§ 7404. Assessment and review. (a) General assessment.-- Before entering into a collaborative law participation agreement, a prospective party
shall: (1) Assess factors the prospective party's attorney reasonably believes relate to whether
the collaborative law process is appropriate for the matter and for the parties, including
a prospective party or nonparty participant's history, if any, of violent or threatening
behavior. (2) Review information that the attorney 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 with other alternatives. (b) Threatening or violent behavior.-- (1) Before a prospective party signs a collaborative law participation agreement, an attorney
shall inquire whether the prospective party has a history of threatening or violent
behavior toward any party or nonparty participant who will be part of the collaborative
law process. (2) If an attorney learns or reasonably believes, before commencing or at any point in
the collaborative law process, that a party or prospective party has engaged in or
has a history of threatening or violent behavior toward any other party or nonparty
participant, the attorney may not begin or continue the collaborative law process
unless the party or prospective party: (i) Requests beginning or continuing the collaborative law process. (ii) Indicates that the safety of all parties to the collaborative law process can be protected
adequately during the collaborative law process. (c) Private cause of action.-- An attorney's failure to protect a party under this section shall not give rise to
a private cause of action against the attorney.
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