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Nevada Revised Statutes Title 3. Remedies; Special Actions and Proceedings § 38.535. Required assessment and disclosures regarding process by prospective collaborative lawyer

Current as of January 01, 2025 | Updated by Findlaw Staff

Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:

1. Assess with the prospective party factors that the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;

2. Provide the prospective party with information that the lawyer 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 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 a collaborative law participation agreement is signed, the collaborative law process terminates if a party initiates a proceeding or seeks the intervention of a tribunal in a pending proceeding related to the collaborative matter;

(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 3 of NRS 38.510, subsection 2 of NRS 38.515 or subsection 2 of NRS 38.520.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 3. Remedies; Special Actions and Proceedings § 38.535. Required assessment and disclosures regarding process by prospective collaborative lawyer - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-3-remedies-special-actions-and-proceedings/nv-rev-st-38-535/

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