Bill No. 2117, known as the Uniform Collaborative Law Act, aims to create a structured framework for collaborative law processes in Oklahoma. It defines essential terms such as "collaborative law communication," "collaborative law participation agreement," and "collaborative lawyer." The bill outlines the requirements for participation agreements, including the necessity for a signed record and the identification of collaborative lawyers for each party. It also details the initiation and conclusion of the collaborative law process, allowing parties to terminate the process with or without cause and providing conditions for continuation despite a lawyer's withdrawal. Furthermore, the bill addresses the disqualification of collaborative lawyers from representing parties in related proceedings, while ensuring full disclosure of information and assessing the appropriateness of the collaborative process for prospective parties.
The bill introduces new provisions focusing on the assessment of coercive or violent relationships among parties. Collaborative lawyers are required to inquire about any history of such relationships before signing a participation agreement and must continuously evaluate the situation. If a lawyer suspects a party has a history of coercive or violent behavior, they may only proceed with the collaborative process if the party requests it and safety can be ensured. Additionally, the bill establishes confidentiality and privilege for collaborative law communications, detailing circumstances under which these privileges may be waived. It specifies that such communications are generally not subject to discovery or admissible in evidence, with certain exceptions. The act emphasizes the need for uniformity across states and clarifies its relationship with federal electronic signature laws, set to take effect on January 1, 2026.