Okla. Stat. tit. 12, § 12-3314
This is the official text of Okla. Stat. tit. 12, § 12-3314, part of Oklahoma’s Stat. tit. 12, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12,." Browse the sections below, each linked to its official government source.
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Appropriateness of collaborative law process
Official statutory text
APPROPRIATENESS OF COLLABORATIVE LAW PROCESS.
Before a prospective party signs a collaborative law
participation agreement, a prospective collaborative lawyer shall:
1. Assess with the prospective party factors the lawyer
reasonably believes relate to whether a collaborative law process is
appropriate for the prospective party’s matter;
Oklahoma Statutes - Title 12. Civil Procedure Page 551
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 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 signing an agreement if a party initiates a
proceeding or seeks tribunal intervention in a pending
proceeding related to the collaborative matter, the
collaborative law process terminates,
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 C of Section 9 of this
act, subsection B of Section 10 of this act, or
subsection B of Section 11 of this act.
Before a prospective party signs a collaborative law
participation agreement, a prospective collaborative lawyer shall:
1. Assess with the prospective party factors the lawyer
reasonably believes relate to whether a collaborative law process is
appropriate for the prospective party’s matter;
Oklahoma Statutes - Title 12. Civil Procedure Page 551
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 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 signing an agreement if a party initiates a
proceeding or seeks tribunal intervention in a pending
proceeding related to the collaborative matter, the
collaborative law process terminates,
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 C of Section 9 of this
act, subsection B of Section 10 of this act, or
subsection B of Section 11 of this act.
Status: in_force · Read it on the official government site
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