Statutes and Ethics Opinions

Collaborative Law (“CL”) has become an increasingly important method of resolving conflict. Statutes authorizing the use of CL have been adopted in a majority of states in the U.S. – please click on the links below for a copy of the statute from that state:

Uniform Collaborative Law Act (2010)

The Uniform Collaborative Law Act has been adopted by the District of Columbia and the following states (see https://www.uniformlaws.org/committees/community-home?communitykey=fdd1de2f-baea-42d3-bc16-a33d74438eaf&tab=groupdetails):

  1. Alabama
  2. Arizona
  3. Colorado
  4. Florida
  5. Hawaii
  6. Illinois
  7. Maryland
  8. Michigan
  9. Missouri
  10. Montana
  11. Nevada
  12. New Hampshire
  13. New Jersey
  14. New Mexico
  15. North Carolina
  16. North Dakota
  17. Ohio
  18. Pennsylvania
  19. Tennesee
  20. Texas
  21. Utah
  22. Virginia
  23. Washington

The following states have enacted their own Collaborative Law statutes:

California

North Carolina

Legal ethics opinions have been issued in fifteen states – most of them supportive of CL but some of them sounding a note of caution, particularly with regard to informed consent (i.e., it is important for the client to understand fully what CL is about and also the alternatives to CL). Please click on the names of the states below for a copy of the opinion from that state:

Alaska

Colorado

Connecticut

Kentucky

Maine

Maryland

Minnesota

Missouri

New Jersey

North Carolina

North Dakota

Ohio

Pennsylvania

South Carolina

Washington

In August 2007, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued a favorable opinion (#07-447) about Collaborative Law, which can be accessed by clicking here.

In addition, the Collaborative Law Committee of the ABA Dispute Resolution Section issued a draft report in October 2008, summarizing these ethics opinions, and that report can be access by clicking here.