HRS §658G-15
Checking for abuse before starting collaborative law
Before someone signs a collaborative law agreement, their lawyer must ask if they have a history of abuse with the other side. During the process, the lawyer must keep checking. If abuse is likely, the lawyer cannot start or continue unless the person wants to and the lawyer believes they will be safe.
attorneysdomestic partnersspouses
The statute, as written — - 15] Coercive or violent relationship
(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (b) 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. (c) 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 may not begin or continue a collaborative law process unless: (1) The party or the prospective party requests beginning or continuing a process; and (2) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.
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