2013-2014 Bill 3715: Collaborative Law Act - South Carolina Legislature Online

1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3715 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. J.E. Smith 10 Document Path: l:\council\bills\nbd\11143ac13.docx 11 12 Introduced in the House on February 28, 2013 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Collaborative Law Act 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 2/28/2013 House Introduced and read first time ( House Journalpage 29) 22 2/28/2013 House Referred to Committee on Judiciary ( House Journalpage 29) 23 24 25 VERSIONS OF THIS BILL 26 27 2/28/2013 28 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS, OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 87 TO TITLE 15 TO ENACT 13 THE “COLLABORATIVE LAW ACT” SO AS TO PROVIDE 14 FOR THE ALTERNATIVE DISPUTE RESOLUTION PROCESS 15 OF COLLABORATIVE LAW IN WHICH PARTIES TO A 16 LEGAL DISPUTE SEEK TO NEGOTIATE A RESOLUTION OF 17 THE MATTER WITHOUT APPEARING BEFORE, OR THE 18 INTERVENTION OF, A TRIBUNAL; TO PROVIDE THAT 19 THE COLLABORATIVE LAW PROCESS IS VOLUNTARY 20 AND THAT EACH PARTY IN THE PROCESS MUST BE 21 REPRESENTED BY A COLLABORATIVELY TRAINED 22 LAWYER WHOSE SOLE PURPOSE IS TO NEGOTIATE AN 23 AGREEMENT; TO PROVIDE THAT A COLLABORATIVE 24 LAWYER IS PROHIBITED FROM REPRESENTING A PARTY 25 IN ANY OTHER CAPACITY BEFORE A TRIBUNAL ON THE 26 MATTER IN DISPUTE AND TO PROVIDE LIMITED 27 EXCEPTIONS; TO ESTABLISH THE REQUIREMENTS OF A 28 COLLABORATIVE LAW PARTICIPATION AGREEMENT; 29 TO PROVIDE HOW A COLLABORATIVE LAW PROCESS IS 30 INITIATED AND TERMINATED OR CONCLUDED; TO 31 AUTHORIZE TRIBUNALS TO APPROVE AN AGREEMENT 32 RESULTING FROM A COLLABORATIVE LAW PROCESS; 33 TO REQUIRE PARTIES TO VOLUNTARILY DISCLOSE 34 INFORMATION DURING THE PROCESS WITHOUT 35 FORMAL DISCOVERY; TO PROVIDE THAT STANDARDS 36 OF PROFESSIONAL RESPONSIBILITY AND CHILD AND 37 ADULT ABUSE REPORTING LAWS APPLY; TO REQUIRE A 38 COLLABORATIVE LAWYER TO ADVISE CLIENTS OF THE 39 RISKS AND BENEFITS OF THE PROCESS AS COMPARED 40 TO OTHER DISPUTE RESOLUTION PROCESSES; TO 41 REQUIRE A COLLABORATIVE LAWYER TO SCREEN 42 CLIENTS FOR DOMESTIC ABUSE TO DETERMINE IF THIS

[3715] 2 1 PROCESS WOULD BE APPROPRIATE; TO AUTHORIZE 2 PARTIES TO ESTABLISH THE SCOPE OF 3 CONFIDENTIALITY FOR INFORMATION DISCLOSED 4 DURING THE PROCESS; TO CREATE EVIDENTIARY 5 PRIVILEGES FOR COLLABORATIVE LAW 6 COMMUNICATIONS AND EXCEPTIONS TO THESE 7 PRIVILEGES; TO AUTHORIZE TRIBUNALS TO ENFORCE 8 COLLABORATIVE LAW AGREEMENTS, ALTHOUGH A 9 COLLABORATIVE LAWYER FAILED TO COMPLY WITH 10 CERTAIN PROCESS REQUIREMENTS; AND TO PROVIDE 11 THAT THIS CHAPTER MODIFIES CERTAIN FEDERAL 12 ELECTRONIC SIGNATURE STATUTORY PROVISIONS. 13 14 Be it enacted by the General Assembly of the State of South 15 Carolina: 16 17 SECTION 1. Title 15 of the 1976 Code is amended by adding: 18 19 “CHAPTER 87 20 21 Collaborative Law Act 22 23 Section 158710. This chapter may be cited as the ‘Collaborative 24 Law Act’. 25 26 Section 158720. As used in this chapter, unless the context 27 requires otherwise: 28 (1) ‘Collaborative law communication’ means a statement, 29 whether oral, in a record, verbal or nonverbal, made by a 30 collaborative lawyer, a party to the collaborative law process, or a 31 nonparty participant in the process: 32 (a) is made or used when conducting, participating in, 33 continuing, or reconvening a collaborative law process or used in 34 resolving a collaborative matter subject to the collaborative law 35 process; and 36 (b) occurs after the parties sign a collaborative law 37 participation agreement and before the collaborative law process is 38 concluded. 39 A ‘collaborative law communication’ does not include 40 documentation presented in a collaborative law process to 41 determine the value of property including, but not limited to, 42 financial, business, real, or personal property unless the 43 communication is privileged as otherwise provided for in law.

[3715] 3 1 (2) ‘Collaborative law participation agreement’ means an 2 agreement by persons to participate in a collaborative law process. 3 (3) ‘Collaborative law process’ means a procedure intended to 4 resolve a collaborative matter without intervention by a tribunal in 5 which persons: 6 (a) sign a collaborative law participation agreement; and 7 (b) are represented by collaborative lawyers. 8 (4) ‘Collaborative lawyer’ means a lawyer who has completed 9 basic collaborative law training that meets the standards and 10 qualifications for this training as established by the International 11 Association of Collaborative Professionals and who represents a 12 party in a collaborative law process. 13 (5) ‘Collaborative matter’ means a dispute, transaction, claim, 14 problem, or issue for resolution, including a dispute, claim, or 15 issue in a proceeding that is described in a collaborative law 16 participation agreement. 17 (6) ‘Law firm’ means: 18 (a) lawyers who practice law together in a partnership, 19 professional corporation, sole proprietorship, limited liability 20 company, or association; and 21 (b) lawyers employed in a legal services organization or the 22 legal department of a corporation or other organization or the legal 23 department of a government or governmental subdivision, agency, 24 or instrumentality. 25 (7) ‘Nonparty participant’ means a person, other than a party 26 and the party’s collaborative lawyer, that participates in a 27 collaborative law process including, but not limited to, a 28 collaboratively trained professional who may or may not be a party 29 to the collaborative participation agreement. 30 (8) ‘Party’ means a person that signs a collaborative law 31 participation agreement and whose consent is necessary to resolve 32 a collaborative matter. 33 (9) ‘Person’ means an individual, corporation, business trust, 34 estate, trust, partnership, limited liability company, association, 35 joint venture, public corporation, government or governmental 36 subdivision, agency, or instrumentality, or any other legal or 37 commercial entity. 38 (10) ‘Proceeding’ means: 39 (a) a judicial, administrative, arbitral, or other adjudicative 40 process before a tribunal, including related prehearing and 41 posthearing motions, conferences, and discovery; or 42 (b) a legislative hearing or similar process.

[3715] 4 1 (11) ‘Property’ means real or personal property including, but 2 not limited to, assets, debts, and liabilities subject to the 3 collaborative law process. 4 (12) ‘Prospective party’ means a person that discusses with a 5 collaborative lawyer the possibility of entering into a collaborative 6 law participation agreement. 7 (13) ‘Record’ means information that is inscribed on a tangible 8 medium or that is stored in an electronic or other medium and is 9 retrievable in perceivable form. 10 (14) ‘Related to a collaborative matter’ means a matter 11 involving the same parties, transaction or occurrence, nucleus of 12 operative fact, dispute, claim, or issue as the collaborative matter. 13 (15) ‘Sign’ means, with present intent to authenticate or adopt a 14 record: 15 (a) to execute or adopt a tangible symbol; or 16 (b) to attach to or logically associate with the record an 17 electronic symbol, sound, or process. 18 (16) ‘Tribunal’ means: 19 (a) a court, arbitrator, administrative agency, or other body 20 acting in an adjudicative capacity that, after presentation of 21 evidence or legal argument, has jurisdiction to render a decision 22 affecting a party’s interests in a matter; or 23 (b) a legislative body conducting a hearing or similar 24 process. 25 26 Section 158730. This chapter applies to a collaborative law 27 participation agreement that meets the requirements of Section 28 158760 and is signed after December 31, 2014. 29 30 Section 158740. (A) Persons engaged in a dispute may elect to 31 enter into a collaborative law participation agreement whether or 32 not a proceeding seeking resolution of the dispute by a tribunal has 33 been initiated. Persons may seek resolution through the 34 collaborative law process of all or part of the issues involved in a 35 dispute. 36 (B) Participation in a collaborative law process is voluntary, 37 and a tribunal may not order a party to participate in a 38 collaborative law process over that party’s objection. 39 40 Section 158750. A collaborative lawyer engaged in a 41 collaborative law process, and a lawyer in a law firm with which 42 the collaborative lawyer is associated, may not represent a party in 43 a proceeding during the collaborative law process or subsequent to

[3715] 5 1 the conclusion of the process if the proceeding pertains to the 2 collaborative matter or is related to the collaborative matter or to a 3 matter brought pursuant to Section 1587100 except to represent a 4 party to ask a tribunal to approve an agreement resulting from the 5 collaborative law process and as otherwise provided for in 6 Sections 1587200 and 1587210. 7 8 Section 158760. (A) A collaborative law process begins 9 when the parties sign a collaborative law participation agreement. 10 (B)(1) A collaborative law participation agreement must: 11 (a) be in a record; 12 (b) be signed by the parties and their respective 13 collaborative lawyers; 14 (c) state the parties’ intention to resolve a collaborative 15 matter through a collaborative law process pursuant to this chapter; 16 (d) describe the nature and scope of the matter; 17 (e) identify the collaborative lawyer who represents each 18 party in the process; and 19 (f) contain a statement by each collaborative lawyer 20 confirming the lawyer’s representation of a party in the 21 collaborative law process. 22 (2) Parties may agree to include in a collaborative law 23 participation agreement additional provisions not inconsistent with 24 this chapter including, but not limited to, confidentiality of 25 communications and the scope of disclosure of information. 26 27 Section 158770. The date on which a collaborative law 28 participation agreement is finally executed by both parties is 29 deemed the date established for: 30 (1) determining the value of property involved in a 31 collaborative matter; and 32 (2) tolling the statute of limitations on collaborative matters. 33 34 Section 158780. Before a prospective party signs a 35 collaborative law participation agreement, a collaborative lawyer 36 shall: 37 (1) assess with the prospective party factors the lawyer 38 reasonably believes relate to whether a collaborative law process is 39 appropriate for the prospective party’s matter; 40 (2) provide the prospective party with information that the 41 lawyer reasonably believes is sufficient for the party to make an 42 informed decision about the material benefits and risks of a 43 collaborative law process as compared to the material benefits and

[3715] 6 1 risks of other reasonably available alternatives for resolving the 2 proposed collaborative matter, including, but not limited to, 3 litigation, mediation, arbitration, or expert evaluation; and 4 (3) advise the prospective party: 5 (a) that the collaborative law process is voluntary; 6 (b) how a collateral law process is initiated and how it may 7 be concluded or terminated; 8 (c) that a collaborative lawyer, and an associate of the 9 collaborative lawyer, pursuant to Section 158750, are prohibited 10 from representing a party in a simultaneous or subsequent 11 proceeding relating to the collaborative matter. 12 13 Section 158790. (A) Before a prospective party signs a 14 collaborative law participation agreement, a collaborative lawyer 15 shall make reasonable inquiry whether the prospective party has a 16 history of a coercive or violent relationship with a child or another 17 prospective party. 18 (B) Throughout a collaborative law process, a collaborative 19 lawyer reasonably and continuously shall assess whether the party 20 the collaborative lawyer represents has a history of a coercive or 21 violent relationship with another party or with a child of the 22 prospective party or another prospective party. 23 (C) If a collaborative lawyer reasonably believes that the party 24 the lawyer represents, or the prospective party who consults the 25 lawyer, has a history of a coercive or violent relationship with 26 another party or prospective party or with a child of the 27 prospective party or another prospective party, the lawyer may not 28 begin or continue the collaborative law process unless: 29 (1) the party or the prospective party requests beginning or 30 continuing the process; and 31 (2) the collaborative lawyer reasonably believes that the 32 safety of the party or prospective party or the child can be 33 protected adequately during the process. 34 35 Section 1587100. During a collaborative law process, a 36 tribunal may issue emergency orders to protect the health, safety, 37 welfare, or interest of a party or a household member, as defined in 38 Section 20420. However, such an order may not be sought by or 39 defended by a collaborative lawyer representing a party in the 40 collaborative law process. 41 42 Section 1587110. Except as may otherwise be provided by 43 law, on the request of a party during the collaborative law process,

[3715] 7 1 another party shall make timely, full, candid, and informal 2 disclosure of information related to the collaborative matter 3 without formal discovery. A party also promptly shall update 4 previously disclosed information that has materially changed. The 5 parties may define the scope of disclosure during the collaborative 6 law process. 7 8 Section 1587120. (A) A collaborative law communication, 9 including, but not limited to, the contents of a report, examination, 10 or another document received, created, prepared, compiled, used, 11 or made as part of, or in connection with, the collaborative law 12 process is confidential unless otherwise agreed to by the parties, 13 collaborative lawyers, and nonparty participants in a signed record 14 or as otherwise provided for in law. 15 (B)(1) Parties, collaborative lawyers, and nonparty participants 16 must not rely on, or introduce as evidence in any proceeding, a 17 collaborative law communication having occurred during the 18 collaborative law process including, but not limited to: 19 (a) views expressed or suggestions made with respect to a 20 possible settlement of the dispute; 21 (b) admissions made in the course of the process; 22 (c) proposals made or views expressed; 23 (d) the fact that another party had or had not indicated 24 willingness to accept a proposal for resolution of the collaborative 25 matter; 26 (e) records, reports, or other documents received for or 27 created solely for use in the collaborative law process. 28 (2) Documentation presented in a collaborative law process 29 to determine the value of property, including, but not limited to, 30 financial, business, real, or personal property, is not a collaborative 31 law communication and is not a privileged communication. 32 Accordingly, such documentation is subject to discovery and is 33 admissible in any proceeding except documentation that is 34 privileged pursuant to an attorneyclient privilege. 35 (C) No collaborative law communication by a party, a 36 collaborative lawyer, or a nonparty participant waives any 37 attorneyclient privilege. 38 (D) A collaborative lawyer and a nonparty participant in a 39 collaborative law process must not be compelled by subpoena or 40 otherwise to divulge any collaborative law communication, record, 41 or information or the subject matter, content, or process of a 42 specific collaborative law process in which the attorney or 43 nonparty participant participated.

[3715] 8 1 2 Section 1587130. (A) Subject to Sections 1587140 and 3 1587150, a collaborative law communication is privileged as 4 provided for in subsection (B) and is not subject to discovery and 5 is not admissible into evidence. 6 (B) In a proceeding, the following privileges apply: 7 (1) A party may refuse to disclose, and may prevent another 8 person from disclosing, a collaborative law communication. 9 (2) A nonparty participant may refuse to disclose, and may 10 prevent another person from disclosing, a collaborative law 11 communication of the nonparty participant. 12 (C) Evidence or information that is otherwise admissible or 13 subject to discovery does not become inadmissible or protected 14 from discovery solely because of its compilation, disclosure, or use 15 during or in a collaborative law process. 16 17 Section 1587140. (A) A privilege under Section 1587130 may 18 be waived in a record or orally during a proceeding if it is 19 expressly waived by all parties and, in the case of the privilege of a 20 nonparty participant, it is also expressly waived by the nonparty 21 participant. 22 (B) A person that discloses a collaborative law communication 23 that prejudices another person in a proceeding may not assert a 24 privilege under Section 1587130, but the removal of this privilege 25 applies only to the extent necessary for the person prejudiced to 26 respond to the disclosure. 27 28 Section 1587150. (A) There is no privilege under Section 29 1587130 for a collaborative law communication that is: 30 (1) available to the public pursuant to the Freedom of 31 Information Act, Chapter 4, Title 30, or made during a session of a 32 collaborative law process that is open, or is required by law to be 33 open, to the public; 34 (2) a threat or statement of a plan to inflict bodily injury or 35 commit a crime of violence; 36 (3) intentionally used to plan a crime, commit or attempt to 37 commit a crime, or conceal an ongoing crime or ongoing criminal 38 activity; or 39 (4) in an agreement resulting from the collaborative law 40 process, evidenced by a record signed by all parties to the 41 agreement.

[3715] 9 1 (B) The privileges under Section 1587130 for a collaborative 2 law communication do not apply to the extent that a 3 communication is: 4 (1) sought or offered to prove or disprove a claim or 5 complaint of professional misconduct or malpractice arising from 6 or related to a collaborative law process; or 7 (2) sought or offered to prove or disprove abuse, neglect, 8 abandonment, or exploitation of a child or adult, unless the 9 Department of Social Services is a party to or otherwise 10 participates in the collaborative law process. 11 (C) There is no privilege under Section 1587130 if a tribunal 12 finds, after a hearing en camera, that the party seeking discovery or 13 the proponent of the evidence has shown the evidence is not 14 otherwise available, the need for the evidence substantially 15 outweighs the interest in protecting confidentiality, and the 16 collaborative law communication is sought or offered in: 17 (1) a court proceeding involving a felony; or 18 (2) a proceeding seeking rescission or reformation of a 19 contract arising out of the collaborative law process or in which a 20 defense to avoid liability on the contract is asserted. 21 (D) If a collaborative law communication is subject to an 22 exception under subsection (B) or (C), only the part of the 23 communication necessary for the application of the exception may 24 be disclosed or admitted. 25 (E) Evidence excepted from the privilege under subsection (B) 26 or (C) does not make the evidence, or any other collaborative law 27 communication, discoverable or admissible for any other purpose. 28 (F) The privileges under Section 1587130 do not apply if the 29 parties agree in advance in a signed record, or if a record of a 30 proceeding reflects agreement by the parties, that all or part of a 31 collaborative law process is not privileged. This subsection does 32 not apply to a collaborative law communication made by a person 33 that did not receive actual notice of the agreement before the 34 communication was made. 35 36 Section 1587160. (A) A collaborative law process is 37 concluded by: 38 (1) resolution of a collaborative matter as evidenced by a 39 signed record, when the resolution is not to be submitted to a 40 tribunal pursuant to item (2); 41 (2) issuance of an order by a tribunal approving the 42 resolution of a collaborative matter that was evidenced by a record

[3715] 10 1 signed by the parties and that by agreement of the parties was 2 submitted to the tribunal for approval; 3 (3) resolution of a part of the collaborative matter, evidenced 4 by a signed record, in which the parties agree that the remaining 5 parts of the matter will not be resolved in the process; or 6 (4) termination of the process as provided for in Section 7 1587170. 8 (B) A collaborative law participation agreement may provide 9 additional methods of concluding a collaborative law process. 10 11 Section 1587170. (A) A collaborative law process terminates 12 if a party: 13 (1) gives notice to other parties in a record that the process is 14 ended; a party may terminate a collaborative law process with or 15 without cause; 16 (2) begins a proceeding related to a collaborative matter 17 without the agreement of all parties; or 18 (3) in a pending proceeding related to the matter: 19 (a) initiates a pleading, motion, rule to show cause, or 20 request for a conference with the tribunal; 21 (b) requests that the proceeding be put on the tribunal’s 22 docket; or 23 (c) takes similar action requiring notice to be sent to the 24 parties. 25 (B)(1) Except as provided for in Section 1587180, if a party 26 discharges a collaborative lawyer or a collaborative lawyer 27 withdraws from further representation of a party, the collaborative 28 law process terminates. 29 (2) A party’s collaborative lawyer promptly shall give notice 30 of the collaborative lawyer’s discharge or withdrawal to the other 31 parties in a record. 32 (C) A collaborative law participation agreement may provide 33 additional methods of terminating a collaborative law process. 34 35 Section 1587180. Notwithstanding the discharge or withdrawal 36 of a collaborative lawyer, as provided in Section 1587170, a 37 collaborative law process continues, if no later than thirty days 38 after the date that the notice of the discharge or withdrawal of a 39 collaborative lawyer required by Section 1587170(B) is sent to the 40 parties: 41 (1) the unrepresented party engages a successor 42 collaborative lawyer; and 43 (2) in a signed record:

[3715] 11 1 (a) the parties consent to continue the process by 2 reaffirming the collaborative law participation agreement; 3 (b) the agreement is amended to identify the successor 4 collaborative lawyer; and 5 (c) the successor collaborative lawyer confirms the 6 lawyer’s representation of a party in the collaborative process. 7 8 Section 1587190. (A) If a collaborative law participation 9 agreement fails to meet the requirements of Section 158760, or a 10 lawyer fails to comply with Section 158780 or 158790, a tribunal 11 may find that the parties intended to enter into a collaborative law 12 participation agreement if the parties: 13 (1) signed a record indicating an intention to enter into a 14 collaborative law participation agreement; and 15 (2) reasonably believed they were participating in a 16 collaborative law process. 17 (B) If a tribunal makes the findings specified in subsection (A), 18 and the interests of justice require, the tribunal may: 19 (1) enforce an agreement evidenced by a record resulting 20 from the process in which the parties participated; 21 (2) apply the disqualification provisions of Sections 158750, 22 1587200, and 1587210; and 23 (3) apply a privilege under Section 1587130. 24 25 Section 1587200. Notwithstanding Section 158750, after a 26 collaborative law process concludes, another lawyer in a law firm 27 with which the collaborative lawyer is associated may represent a 28 party without a fee in the collaborative matter or a matter related to 29 the collaborative matter if: 30 (1) the party has an annual income that qualifies the party 31 for free legal representation under the criteria, if any, established 32 by the law firm for free legal representation; or 33 (2) provided for in the collaborative law participation 34 agreement; and 35 (3) the collaborative lawyer is isolated from any 36 participation in the collaborative matter or a matter related to the 37 collaborative matter through procedures within the law firm that 38 are reasonably calculated to isolate the collaborative lawyer from 39 such participation. 40 41 Section 1587210. Notwithstanding Section 158750, after a 42 collaborative law process concludes, another lawyer in a law firm 43 with which the collaborative lawyer is associated may represent a

[3715] 12 1 party that is a government or governmental subdivision, agency, or 2 instrumentality in the collaborative matter or a matter related to the 3 collaborative matter if: 4 (1) provided for in the collaborative law participation 5 agreement; and 6 (2) the collaborative lawyer is isolated from any 7 participation in the collaborative matter or a matter related to the 8 collaborative matter through procedures within the law firm that 9 are reasonably calculated to isolate the collaborative lawyer from 10 such participation. 11 12 Section 1587220. This chapter does not affect: 13 (1) the professional responsibility obligations and standards 14 applicable to a lawyer or other licensed professional; or 15 (2) the obligation of a person to report abuse or neglect, 16 abandonment, or exploitation of a child or adult under the laws of 17 this State. 18 19 Section 1587230. This chapter modifies, limits, and supersedes 20 the federal Electronic Signatures in Global and National 21 Commerce Act, 15 U.S.C. Section 7001, et seq., but does not 22 modify, limit, or supersede Section 101(c) of that act, 15 U.S.C 23 Section 7001(c), or authorize electronic delivery of any of the 24 notices described in Section 103(b) of that act, 15 U.S.C. Section 25 7003(b).” 26 27 SECTION 2. If any section, subsection, paragraph, subparagraph, 28 sentence, clause, phrase, or word of this act is for any reason held 29 to be unconstitutional or invalid, such holding shall not affect the 30 constitutionality or validity of the remaining portions of this act, 31 the General Assembly hereby declaring that it would have passed 32 this act, and each and every section, subsection, paragraph, 33 subparagraph, sentence, clause, phrase, and word thereof, 34 irrespective of the fact that any one or more other sections, 35 subsections, paragraphs, subparagraphs, sentences, clauses, 36 phrases, or words hereof may be declared to be unconstitutional, 37 invalid, or otherwise ineffective. 38 39 SECTION 3. This act takes effect January 1, 2014 and applies to 40 collaborative matters, as defined in Section 158720(5) of the 1976 41 Code, as added by Section 1 of this act, pending or initiated on or 42 after January 1, 2014. This act also applies to subsequent litigation 43 pending or initiated on or after January 1, 2014, to the extent that

[3715] 13 1 the litigation involves a collaborative matter previously subject to 2 a collaborative law process. 3 XX 4

[3715] 14