House Bill No. 2117 enacts the Uniform Collaborative Law Act, establishing a structured framework for collaborative law processes in civil procedure. The bill defines essential terms such as "collaborative law communication," "collaborative law participation agreement," and "collaborative lawyer," while outlining the requirements for participation agreements, which must be signed and identify the collaborative lawyers involved. The collaborative law process commences upon signing the participation agreement and can be terminated by any party at any time. The bill also allows tribunals to issue emergency orders during the collaborative process and approve resulting agreements, while disqualifying collaborative lawyers from representing parties in related proceedings.
Furthermore, the bill introduces new sections to the Oklahoma Statutes that address the confidentiality and privilege of collaborative law communications, ensuring that such communications are generally protected from disclosure in court, with specific exceptions for publicly available information, threats of violence, or professional misconduct. It emphasizes the importance of assessing the appropriateness of the collaborative law process, particularly in cases involving coercive or violent relationships, and mandates full disclosure of information related to collaborative matters. The act aims for uniformity across states and clarifies its relationship with the federal Electronic Signatures in Global and National Commerce Act, with provisions set to take effect on January 1, 2026.