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RULE 17-503. INFORMED CONSENT; CONTENTS OF AGREEMENT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 17. Alternative Dispute Resolution
Chapter 500. Collaborative Law Process
MD Rules, Rule 17-503
RULE 17-503. INFORMED CONSENT; CONTENTS OF AGREEMENT
(a) Requirements Before a Collaborative Law Process Begins. Before beginning a collaborative law process, an attorney shall:
(1) discuss with the client factors the attorney reasonably believes relate to whether a collaborative law process is appropriate, including reasonably available alternatives to a collaborative law process;
(2) provide the client with information that the attorney reasonably believes is sufficient for the client to make an informed decision about the material benefits and risks of a collaborative law process;
(3) advise the client that participation in a collaborative law process is voluntary and any party has the right unilaterally to terminate a collaborative law process with or without cause;
(4) explain to the client that if the collaborative law proceeding terminates prior to full resolution of all collaborative matters, the client will need to obtain another attorney or proceed without an attorney; and
(5) make a reasonable effort to determine whether the client has a history of a coercive or violent relationship with another prospective party, and if such circumstances exist, to determine whether a collaborative law process is appropriate.
(b) Certification and Acknowledgment. In addition to complying with the requirements of Code, Courts Article, ยง 3-2002, a collaborative law participation agreement shall contain a certification by each collaborative attorney that the collaborative attorney has complied with section (a) of this Rule and an acknowledgment by all parties of the requirements under Rule 17-506 applicable to the party's attorney and to each other attorney who will participate in the collaborative law process.
Source: This Rule is new.

Credits

[Adopted March 2, 2015, eff. July 1, 2015.]
MD Rules, Rule 17-503, MD R ADR Rule 17-503
Current with amendments received through December 1, 2022. Some sections may be more current, see credits for details.
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