HB 206 — AN ACT relating to the Uniform Collaborative Law Act.

UNOFFICIALCHAPTER COPY62 241 RSCHAPTER 62 ( HB 206/GA206 ) AN ACT relating to the Uniform Collaborative Law Act.

Page 1 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA (e) Parentage;

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY a.

Page 2 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA (11) "Proceeding" means:

Page 3 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA (c) State the parties’ intention to resolve a collaborative matter through a collaborative law process under Sections 1 to 16 of this Act;

CHAPTER 62 3 (2) A court may not order a party to participate in a collaborative law process over that party’s objection.

(a) When a party gives notice to other parties in a record that the process is Page 4 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA ended;

The successor collaborative lawyer confirms the lawyer’s Page 5 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA representation of a party in the collaborative process.

A Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY status report may include only information on whether the process is ongoing or concluded.

(5) A court shall provide parties notice and an opportunity to be heard before dismissing a proceeding in which a notice of collaborative process is filed based Page 6 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA on delay or failure to prosecute.

(6) During a collaborative law process, a court may issue emergency orders to protect the health, safety, welfare, or interest of a party or an immediate family member that resides in the party's hom.home.

Page 7 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA SECTION 7.

and (b) The collaborative lawyer is isolated from any participation in the Page 8 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from such participation.

CHAPTER 62 5 Notwithstanding any other statute to the contrary, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery.

(2) Provide the prospective party with information that the lawyer reasonably believes is sufficient for the party to make an informed decision about the material Page 9 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA 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;

(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 Page 10 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:

Legislative Research Commission PDF Version ACTS OF THE GENERAL ASSEMBLY (2) In a proceeding, the following privileges apply:

Page 11 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA (2) A person that makes a disclosure or representation about a collaborative law communication which prejudices another person in a proceeding may not assert a privilege under Section 13 of this Act, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.

(3) There shall be no privilege under Section 13 of this Act if a court finds, after a Page 12 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:

CHAPTER 62 7 (1) If an agreement fails to meet the requirements of Section 3 of this Act, or a lawyer fails to comply with Section 11 or 12 of this Act, a court may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they:

(a) Signed a record indicating an intention to enter into a collaborative law Page 13 of 14 HB020610.100 - 1274 - XXXX 3/21/2024 4:54 PM GA UNOFFICIAL COPY 24 RS HB 206/GA participation agreement;

PageSigned 14by ofGovernor 14April HB020610.1004, -2024. 1274 - XXXX 3/21/2024 4:54 PM GA

Legislative Research Commission PDF Version