Haw. Rev. Stat. § 658G-1
Short title
This chapter shall be known and may be cited as the "Hawaii Uniform Collaborative Law Act".
Hawaii Revised Statutes Chapter 658G
Hawaii · statute · Haw. Rev. Stat. ch. 658G · 22 active provisions
Haw. Rev. Stat. § 658G-2
Definitions
As used in this chapter: "Collaborative law communication" means a statement, whether oral or in a record, or verbal or nonverbal, that: (1) Is made to conduct, participate in, continue, or reconvene a collaborative law process; and (2) Occurs after the parties sign a collaborative law participation agreement and befor…
Haw. Rev. Stat. § 658G-3
Applicability
This chapter applies to a collaborative law participation agreement that meets the requirements of section 658G-4 signed after July 1, 2012.
Haw. Rev. Stat. § 658G-4
Collaborative law participation agreement; requirements
(a) A collaborative law participation agreement shall: (1) Be in a record; (2) Be signed by the parties; (3) State the parties' intention to resolve a collaborative matter through a collaborative law process under this chapter; (4) Describe the nature and scope of the matter; (5) Identify the collaborative lawyer who r…
Haw. Rev. Stat. § 658G-5
Beginning and concluding a collaborative law process
(a) A collaborative law process begins when the parties sign a collaborative law participation agreement. (b) A tribunal may not order a party to participate in a collaborative law process over that party's objection. (c) A collaborative law process is concluded by: (1) The resolution of a collaborative matter as evide…
Haw. Rev. Stat. § 658G-6
Proceedings pending before tribunal; status report
(a) Persons in a proceeding pending before a tribunal may sign a collaborative law participation agreement to seek to resolve a collaborative matter related to the proceeding. The parties shall file promptly with the tribunal a notice of the agreement after it is signed. Subject to subsection (c) and sections 658G‑7 an…
Haw. Rev. Stat. § 658G-7
Emergency order
During a collaborative law process, a tribunal may issue emergency orders to protect the health, safety, welfare, or interest of a party or family or household member as defined in section 586-1.
Haw. Rev. Stat. § 658G-8
Approval of agreement by tribunal
A tribunal may approve an agreement resulting from a collaborative law process.
Haw. Rev. Stat. § 658G-9
Disqualification of collaborative lawyer and lawyers in associated law firm
(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (b) Except as otherwise provided in subsection (c) and sections 658G-10 and 658G-11, a lawyer in a law firm with which the…
Haw. Rev. Stat. § 658G-10
Low income parties
(a) The disqualification of section 658G-9(a) applies to a collaborative lawyer representing a party with or without fee. (b) After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under section 658G-9(a) is associated may represent a party without fee i…
Haw. Rev. Stat. § 658G-11
Governmental entity as party
(a) The disqualification of section 658G-9(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality. (b) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent…
Haw. Rev. Stat. § 658G-12
Disclosure of information
Except as provided by law other than this chapter, during the collaborative law process, on the request of another party, a party shall make timely, full, candid, and informal disclosure of information related to the collaborative matter without formal discovery. A party also shall update promptly previously disclosed…
Haw. Rev. Stat. § 658G-13
Standards of professional responsibility and mandatory reporting not affected
This chapter does not affect: (1) The professional responsibility obligations and standards applicable to a lawyer or other licensed professional; or (2) The obligation of a person to report abuse or neglect, abandonment, or exploitation of a child or adult under the law of this State.
Haw. Rev. Stat. § 658G-14
Appropriateness of collaborative law process
Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall: (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; (2) Provide the prospectiv…
Haw. Rev. Stat. § 658G-15
Coercive or violent relationship
(a) Before a prospective party signs a collaborative law participation agreement, a prospective collaborative lawyer shall make reasonable inquiry whether the prospective party has a history of a coercive or violent relationship with another prospective party. (b) Throughout a collaborative law process, a collaborative…
Haw. Rev. Stat. § 658G-16
Confidentiality of collaborative law communication
A collaborative law communication is confidential to the extent agreed by the parties in a signed record or as provided by law of this State other than this chapter.
Haw. Rev. Stat. § 658G-17
Privilege against disclosure for collaborative law communication; admissibility; discovery
(a) Subject to sections 658G-18 and 658G-19, a collaborative law communication is privileged under subsection (b), is not subject to discovery, and is not admissible in evidence. (b) In a proceeding, the following privileges apply: (1) A party may refuse to disclose, and may prevent any other person from disclosing, a…
Haw. Rev. Stat. § 658G-18
Waiver and preclusion of privilege
(a) A privilege under section 658G-17 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant. (b) A person that makes a disclosure or representation about a coll…
Haw. Rev. Stat. § 658G-19
Limits of privilege
(a) There is no privilege under section 658G-17 for a collaborative law communication that is: (1) Available to the public under chapter 92 or made during a session of a collaborative law process that is open, or is required by law to be open, to the public; (2) A threat or statement of a plan to inflict bodily injury…
Haw. Rev. Stat. § 658G-20
Authority of tribunal in case of noncompliance
(a) If an agreement fails to meet the requirements of section 658G-4, or a lawyer fails to comply with section 658G-14 or 658G-15, a tribunal may nonetheless find that the parties intended to enter into a collaborative law participation agreement if they: (1) Signed a record indicating an intention to enter into a coll…
Haw. Rev. Stat. § 658G-21
Uniformity of application and construction
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Haw. Rev. Stat. § 658G-22
Relation to Electronic Signatures in Global and National Commerce Act
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C.A. section 7001(c), or authorize electronic delivery of any of the notices described in secti…