{"data":{"id":"us-mt/25-40-113","jurisdiction":"us-mt","citation":"25-40-113","heading":"Appropriateness of collaborative law process.","body":"Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall:\n(1) assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative law process is appropriate for the prospective party's matter;\n(2) provide the prospective party with information that the lawyer reasonably believes is sufficient for the 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\n(3) advise the prospective party that:\n(a) after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative matter, the collaborative law process terminates;\n(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\n(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 25-40-108(3), 25-40-109(2), or 25-40-110(2).","path":["TITLE 25. CIVIL PROCEDURE","CHAPTER 40. ALTERNATIVE DISPUTE RESOLUTION","Part 1. Uniform Collaborative Law Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0250/chapter_0400/part_0010/section_0130/0250-0400-0010-0130.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:19Z","sha256":"ba88c3d7a2b52922346d1ff6fb7ace1299d550e7179c629e33b0d913d2bc80e3","source_id":"us-mt","stale":false,"prev":"us-mt/25-40-112","next":"us-mt/25-40-114"},"notice":"GroundRules: Original legal text. Not legal advice."}