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General Assembly Raised Bill No. 1283
January Session, 2025
LCO No. 4069
Referred to Committee on JUDICIARY
Introduced by:
(JUD)
AN ACT CONCERNING THE ADOPTION OF THE CONNECTICUT
UNIFORM COLLABORATIVE LAW ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) Sections 1 to 22, inclusive, 1
of this act may be cited as the Connecticut Uniform Collaborative Law 2
Act. 3
Sec. 2. (NEW) (Effective October 1, 2025) As used in this section and 4
sections 3 to 22, inclusive, of this act: 5
(1) "Collaborative law communication" means a statement, whether 6
oral or in a record, or verbal or nonverbal, that: (A) Is made to conduct, 7
participate in, continue or reconvene a collaborative law process; and 8
(B) occurs after the parties sign a collaborative law participation 9
agreement and before the collaborative law process is concluded. 10
(2) "Collaborative law participation agreement" means an agreement 11
by a person to participate in a collaborative law process. 12
(3) "Collaborative law process" means a procedure intended to 13
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resolve a collaborative matter without intervention by a tribunal in 14
which a person: (A) Signs a collaborative law participation agreement; 15
and (B) is represented by a collaborative lawyer. 16
(4) "Collaborative lawyer" means a lawyer who represents a party in 17
a collaborative law process. 18
(5) "Collaborative matter" means a dispute, transaction, claim, 19
problem or issue for resolution, including a dispute, claim or issue in a 20
proceeding, which is described in a collaborative law participation 21
agreement and arises under the family or domestic relations law of this 22
state, including: 23
(A) Marriage, divorce, dissolution, annulment and property 24
distribution; 25
(B) Child custody, visitation and parenting time; 26
(C) Alimony, maintenance and child support; 27
(D) Adoption; 28
(E) Parentage; and 29
(F) Premarital, marital and postmarital agreements. 30
(6) "Law firm" means: (A) Lawyers who practice law together in a 31
partnership, professional corporation, sole proprietorship, limited 32
liability company or association; and (B) lawyers who are employed in 33
a legal services organization, or the legal department of a corporation or 34
other organization, or the legal department of a government or 35
governmental subdivision, agency or instrumentality. 36
(7) "Nonparty participant" means a person, other than a party and the 37
party's collaborative lawyer, that participates in a collaborative law 38
process. 39
(8) "Party" means a person that signs a collaborative law participation 40
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agreement and whose consent is necessary to resolve a collaborative 41
matter. 42
(9) "Person" means an individual, corporation, business trust, estate, 43
trust, partnership, limited liability company, association, joint venture, 44
public corporation, government or governmental subdivision, agency 45
or instrumentality or any other legal or commercial entity. 46
(10) "Proceeding" means a judicial, administrative, arbitral or other 47
adjudicative process before a tribunal, including related prehearing and 48
post-hearing motions, conferences and discovery. 49
(11) "Prospective party" means a person that discusses with a 50
prospective collaborative lawyer the possibility of signing a 51
collaborative law participation agreement. 52
(12) "Record" means information that is inscribed on a tangible 53
medium or that is stored in an electronic or other medium and is 54
retrievable in perceivable form. 55
(13) "Related to a collaborative matter" means involving the same 56
parties, transaction or occurrence, dispute, claim or issue as the 57
collaborative matter. 58
(14) "Sign" means, with present intent to authenticate or adopt a 59
record to: (A) Execute or adopt a tangible symbol; or (B) attach to or 60
logically associate with the record an electronic symbol, sound or 61
process. 62
(15) "Tribunal" means court, arbitrator, administrative agency or 63
other body acting in an adjudicative capacity which, after presentation 64
of evidence or legal argument, has jurisdiction to render a decision 65
affecting a party's interests in a matter. 66
Sec. 3. (NEW) (Effective October 1, 2025) The provisions of sections 1 67
to 22, inclusive, of this act apply to a collaborative law participation 68
agreement that meets the requirements of section 4 of this act, signed on 69
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or after October 1, 2025. 70
Sec. 4. (NEW) (Effective October 1, 2025) (a) A collaborative law 71
participation agreement shall: 72
(1) Be in a record; 73
(2) Be signed by the parties; 74
(3) State the parties' intention to resolve a collaborative matter 75
through a collaborative law process under sections 1 to 22, inclusive, of 76
this act; 77
(4) Describe the nature and scope of the matter; 78
(5) Identify the collaborative lawyer who represents each party in the 79
process; and 80
(6) Contain a statement by each collaborative lawyer confirming the 81
lawyer's representation of a party in the collaborative law process. 82
(b) Parties may agree to include in a collaborative law participation 83
agreement additional provisions not inconsistent with sections 1 to 22, 84
inclusive, of this act. 85
Sec. 5. (NEW) (Effective October 1, 2025) (a) A collaborative law 86
process begins when the parties sign a collaborative law participation 87
agreement. 88
(b) A tribunal may not order a party to participate in a collaborative 89
law process over that party's objection. 90
(c) A collaborative law process is concluded by a: (1) Resolution of a 91
collaborative matter as evidenced by a signed record; (2) resolution of a 92
part of the collaborative matter, evidenced by a signed record, in which 93
the parties agree that the remaining parts of the matter will not be 94
resolved in the process; or (3) termination of the process. 95
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(d) A collaborative law process terminates when a party: 96
(1) Gives notice to the other parties in a record that the process is 97
ended; 98
(2) (A) Begins a proceeding related to a collaborative matter without 99
the agreement of all parties; or (B) in a pending proceeding related to 100
the matter: (i) Initiates a pleading, motion, order to show cause or 101
request for a conference with the tribunal; (ii) requests that the 102
proceeding be put on the tribunal's short calendar; or (iii) takes similar 103
action requiring notice to be sent to the parties; or 104
(3) Except as provided in subsection (g) of this section, discharges a 105
collaborative lawyer or a collaborative lawyer withdraws from further 106
representation of a party. 107
(e) A party's collaborative lawyer shall give prompt notice to all other 108
parties in a record of a discharge or withdrawal. 109
(f) A party may terminate a collaborative law process with or without 110
cause. 111
(g) Notwithstanding the discharge or withdrawal of a collaborative 112
lawyer, a collaborative law process continues, if not later than thirty 113
days after the date that the notice of the discharge or withdrawal of a 114
collaborative lawyer required by subsection (e) of this section is sent to 115
the parties: 116
(1) The unrepresented party engages a successor collaborative 117
lawyer; and 118
(2) In a signed record: (A) The parties consent to continue the 119
collaborative law process by reaffirming the collaborative law 120
participation agreement; (B) such agreement is amended to identify the 121
successor collaborative lawyer; and (C) the successor collaborative 122
lawyer confirms the lawyer's representation of a party in the 123
collaborative law process. 124
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(h) A collaborative law process does not conclude if, with the consent 125
of the parties, a party requests a tribunal to approve a resolution of the 126
collaborative matter or any part thereof as evidenced by a signed record. 127
(i) A collaborative law participation agreement may provide 128
additional methods of concluding a collaborative law process. 129
Sec. 6. (NEW) (Effective October 1, 2025) (a) The parties to a proceeding 130
pending before a tribunal may sign a collaborative law participation 131
agreement to seek to resolve a collaborative matter related to the 132
proceeding. The parties shall promptly file a notice of such agreement, 133
on a form prescribed by the Office of the Chief Court Administrator, 134
with the tribunal after the agreement is signed. Subject to the provisions 135
of subsection (c) of this section and sections 7 and 8 of this act, the filing 136
of a notice of such agreement operates as an application for a stay of the 137
proceeding. 138
(b) The parties shall promptly file notice in a record with the tribunal 139
when a collaborative law process concludes. The stay of the proceeding 140
under subsection (a) of this section is lifted when the notice is filed. The 141
notice shall not specify any reason for termination of the process. 142
(c) A tribunal in which a proceeding is stayed under subsection (a) of 143
this section may require the parties and collaborative lawyers to provide 144
a status report on the collaborative law process and the proceeding. A 145
status report shall include only information on whether the process is 146
ongoing or concluded. The status report shall not include a report, 147
assessment, evaluation, recommendation, finding or other 148
communication regarding a collaborative law process or collaborative 149
law matter. A tribunal shall not consider a communication made in 150
violation of the provisions of this subsection. 151
(d) A tribunal shall provide parties notice and an opportunity to be 152
heard before dismissing a proceeding in which a notice of collaborative 153
law process is filed based on delay or failure to prosecute. 154
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Sec. 7. (NEW) (Effective October 1, 2025) During a collaborative law 155
process, a tribunal may issue emergency orders to protect the health, 156
safety, welfare or interest of a party or household member as defined in 157
section 46b-38a of the general statutes. 158
Sec. 8. (NEW) (Effective October 1, 2025) A tribunal may approve an 159
agreement resulting from a collaborative law process. 160
Sec. 9. (NEW) (Effective October 1, 2025) (a) Except as provided in 161
subsection (c) of this section, a collaborative lawyer is disqualified from 162
appearing before a tribunal to represent a party in a proceeding related 163
to the collaborative matter. 164
(b) Except as provided in subsection (c) of this section and sections 10 165
and 11 of this act, a lawyer in a law firm with which the collaborative 166
lawyer is associated is disqualified from appearing before a tribunal to 167
represent a party in a proceeding related to the collaborative matter if 168
the collaborative lawyer is disqualified from doing so under subsection 169
(a) of this section. 170
(c) A collaborative lawyer or a lawyer in a law firm with which the 171
collaborative lawyer is associated may represent a party to: (1) Ask a 172
tribunal to approve an agreement resulting from the collaborative law 173
process; or (2) seek or defend an emergency order to protect the health, 174
safety, welfare or interest of a party or household member, as defined in 175
section 46b-38a of the general statutes, if a successor lawyer is not 176
immediately available to represent the party or household member; in 177
which case, a collaborative lawyer, or lawyer in a law firm with which 178
the collaborative lawyer is associated, may represent such party or 179
household member only until the person is represented by a successor 180
lawyer or reasonable measures are taken to protect the health, safety, 181
welfare or interest of the person. 182
Sec. 10. (NEW) (Effective October 1, 2025) (a) The disqualification of a 183
collaborative lawyer pursuant to the provisions of subsection (a) of 184
section 9 of this act applies to a collaborative lawyer representing a party 185
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with or without fee. 186
(b) After a collaborative law process concludes, another lawyer, in a 187
law firm with which a collaborative lawyer disqualified under the 188
provisions of subsection (a) of section 9 of this act is associated, may 189
represent a party without fee in the collaborative matter or a matter 190
related to the collaborative matter if: 191
(1) The party has an annual income that qualifies the party for free 192
legal representation under the criteria established by the law firm for 193
free legal representation; 194
(2) The collaborative law participation agreement so provides; and 195
(3) The collaborative lawyer is isolated from any participation in the 196
collaborative matter or a matter related to the collaborative matter 197
through procedures within the law firm which are reasonably calculated 198
to isolate the collaborative lawyer from such participation. 199
Sec. 11. (NEW) (Effective October 1, 2025) (a) The disqualification of a 200
collaborative lawyer pursuant to the provisions of subsection (a) of 201
section 9 of this act applies to a collaborative lawyer representing a party 202
that is a government or governmental subdivision, agency or 203
instrumentality. 204
(b) After a collaborative law process concludes, another lawyer in a 205
law firm with which the collaborative lawyer is associated may 206
represent a government or governmental subdivision, agency or 207
instrumentality in the collaborative matter or a matter related to the 208
collaborative matter if: (1) The collaborative law participation 209
agreement so provides; and (2) the collaborative lawyer is isolated from 210
any participation in the collaborative matter or a matter related to the 211
collaborative matter through procedures within the law firm which are 212
reasonably calculated to isolate the collaborative lawyer from such 213
participation. 214
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Sec. 12. (NEW) (Effective October 1, 2025) Except as provided by law 215
other than sections 1 to 22, inclusive, of this act, during the collaborative 216
law process, on the request of another party, a party shall make timely, 217
full, candid and informal disclosure of information related to the 218
collaborative matter without formal discovery. A party also shall update 219
promptly previously disclosed information that has materially changed. 220
The parties may define the scope of disclosure during the collaborative 221
law process. 222
Sec. 13. (NEW) (Effective October 1, 2025) The provisions of sections 1 223
to 22, inclusive, of this act do not affect the: (1) Professional 224
responsibility obligations and standards applicable to a lawyer or other 225
licensed professional; or (2) obligation of a person to report abuse or 226
neglect, abandonment or exploitation of a child or adult under the law 227
of this state. 228
Sec. 14. (NEW) (Effective October 1, 2025) Prior to the date on which a 229
prospective party signs a collaborative law participation agreement, a 230
prospective collaborative lawyer shall: 231
(1) Assess with the prospective party factors the lawyer reasonably 232
believes relate to whether a collaborative law process is appropriate for 233
the prospective party's matter; 234
(2) Provide the prospective party with information that the lawyer 235
reasonably believes is sufficient for the party to make an informed 236
decision about the material benefits and risks of a collaborative law 237
process as compared to the material benefits and risks of other 238
reasonably available alternatives for resolving the proposed 239
collaborative matter, such as litigation, mediation, arbitration or expert 240
evaluation; and 241
(3) Advise the prospective party that: (A) After signing a 242
collaborative law participation agreement if a party initiates a 243
proceeding or seeks tribunal intervention in a pending proceeding 244
related to the collaborative matter, the collaborative law process 245
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terminates; (B) participation in a collaborative law process is voluntary 246
and any party has the right to terminate unilaterally a collaborative law 247
process with or without cause; and (C) the collaborative lawyer and any 248
lawyer in a law firm with which the collaborative lawyer is associated 249
may not appear before a tribunal to represent a party in a proceeding 250
related to the collaborative matter, except as authorized by subsection 251
(c) of section 9 of this act, subsection (b) of section 10 of this act or 252
subsection (b) of section 11 of this act. 253
Sec. 15. (NEW) (Effective October 1, 2025) (a) Prior to the date on which 254
a prospective party signs a collaborative law participation agreement, a 255
prospective collaborative lawyer shall make reasonable inquiry whether 256
the prospective party has a history of a coercive or violent relationship 257
with another prospective party. 258
(b) Throughout a collaborative law process, a collaborative lawyer 259
reasonably and continuously shall assess whether the party the 260
collaborative lawyer represents has a history of a coercive or violent 261
relationship with another party. 262
(c) If a collaborative lawyer reasonably believes that the party the 263
lawyer represents or the prospective party who consults the lawyer has 264
a history of a coercive or violent relationship with another party or 265
prospective party, the lawyer may not begin or continue a collaborative 266
law process unless: (1) The party or the prospective party requests 267
beginning or continuing a process; and (2) the collaborative lawyer 268
reasonably believes that the safety of the party or prospective party can 269
be protected adequately during a process. 270
Sec. 16. (NEW) (Effective October 1, 2025) A collaborative law 271
communication is confidential to the extent agreed by the parties in a 272
signed record or as provided by law of this state other than the 273
provisions of sections 1 to 22, inclusive, of this act. 274
Sec. 17. (NEW) (Effective October 1, 2025) (a) Subject to the provisions 275
of sections 18 and 19 of this act, a collaborative law communication is 276
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privileged under subsection (b) of this section, is not subject to discovery 277
and is not admissible in evidence. 278
(b) In a proceeding, the following privileges apply: (1) A party may 279
refuse to disclose, and may prevent any other person from disclosing, a 280
collaborative law communication; and (2) a nonparty participant may 281
refuse to disclose, and may prevent any other person from disclosing, a 282
collaborative law communication of the nonparty participant. 283
(c) Evidence or information that is otherwise admissible or subject to 284
discovery does not become inadmissible or protected from discovery 285
solely because of its disclosure or use in a collaborative law process. 286
Sec. 18. (NEW) (Effective October 1, 2025) (a) A privilege under 287
subsection (b) of section 17 of this act may be waived in a record or orally 288
during a proceeding if it is expressly waived by all parties and, in the 289
case of the privilege of a nonparty participant, it is also expressly waived 290
by the nonparty participant. 291
(b) A person that makes a disclosure or representation about a 292
collaborative law communication which prejudices another person in a 293
proceeding may not assert a privilege under subsection (b) of section 17 294
of this act but this preclusion applies only to the extent necessary for the 295
person prejudiced to respond to the disclosure or representation. 296
Sec. 19. (NEW) (Effective October 1, 2025) (a) There is no privilege 297
under subsection (b) of section 17 of this act for a collaborative law 298
communication that is: (1) Available to the public under the Freedom of 299
Information Act, as defined in section 1-200 of the general statutes, or 300
made during a session of a collaborative law process that is open, or is 301
required by law to be open, to the public; (2) a threat or statement of a 302
plan to inflict bodily injury or commit a crime of violence; (3) 303
intentionally used to plan a crime, commit or attempt to commit a crime 304
or conceal an ongoing crime or ongoing criminal activity; or (4) in an 305
agreement resulting from the collaborative law process, evidenced by a 306
record signed by all parties to the agreement. 307
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(b) The privileges under subsection (b) of section 17 of this act for a 308
collaborative law communication do not apply to the extent that a 309
communication is sought or offered to prove or disprove: (1) A claim or 310
complaint of professional misconduct or malpractice arising from or 311
related to a collaborative law process; or (2) abuse, neglect, 312
abandonment or exploitation of a child or adult, unless the Department 313
of Children and Families or the Department of Social Services is a party 314
to or otherwise participates in the process. 315
(c) There is no privilege under subsection (b) of section 17 of this act 316
if a tribunal finds, after a hearing in camera, that the party seeking 317
discovery or the proponent of the evidence has shown the evidence is 318
not otherwise available, the need for the evidence substantially 319
outweighs the interest in protecting confidentiality and the 320
collaborative law communication is sought or offered in: (1) A court 321
proceeding involving a felony or misdemeanor; or (2) a proceeding 322
seeking rescission or reformation of a contract arising out of the 323
collaborative law process or in which a defense to avoid liability on the 324
contract is asserted. 325
(d) If a collaborative law communication is subject to an exception 326
under subsection (b) or (c) of this section, only the part of the 327
communication necessary for the application of the exception may be 328
disclosed or admitted. 329
(e) Disclosure or admission of evidence excepted from the privilege 330
under subsection (b) or (c) of this section does not make the evidence or 331
any other collaborative law communication discoverable or admissible 332
for any other purpose. 333
(f) The privileges under subsection (b) of section 17 of this act do not 334
apply if the parties agree in advance in a signed record, or if a record of 335
a proceeding reflects agreement by the parties, that all or part of a 336
collaborative law process is not privileged. The provisions of this 337
subsection do not apply to a collaborative law communication made by 338
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a person that did not receive actual notice of the agreement before the 339
communication was made. 340
Sec. 20. (NEW) (Effective October 1, 2025) (a) If an agreement fails to 341
meet the requirements of section 4 of this act, or a lawyer fails to comply 342
with the provisions of section 14 or 15 of this act, a tribunal may 343
nonetheless find that the parties intended to enter into a collaborative 344
law participation agreement if they: (1) Signed a record indicating an 345
intention to enter into a collaborative law participation agreement; and 346
(2) reasonably believed they were participating in a collaborative law 347
process. 348
(b) If a tribunal makes the findings specified in subsection (a) of this 349
section, and the interests of justice require, the tribunal may: (1) Enforce 350
an agreement evidenced by a record resulting from the process in which 351
the parties participated; (2) apply the disqualification provisions of 352
sections 5, 6, 9, 10 and 11 of this act; and (3) apply a privilege under the 353
provisions of subsection (b) of section 17 of this act. 354
Sec. 21. (NEW) (Effective October 1, 2025) In applying and construing 355
the provisions of sections 1 to 22, inclusive, of this act, consideration 356
shall be given to the need to promote uniformity of the law with respect 357
to its subject matter among states that enact it. 358
Sec. 22. (NEW) (Effective October 1, 2025) The provisions of sections 1 359
to 22, inclusive, of this act modify, limit and supersede the federal 360
Electronic Signatures in Global and National Commerce Act, 15 USC 361
7001, et seq., but do not modify, limit or supersede Section 101(c) of said 362
act, 15 USC 7001(c) or authorize electronic delivery of any of the notices 363
described in Section 103(b) of said act, 15 USC 7003(b). 364
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Sec. 2 October 1, 2025 New section
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Sec. 3 October 1, 2025 New section
Sec. 4 October 1, 2025 New section
Sec. 5 October 1, 2025 New section
Sec. 6 October 1, 2025 New section
Sec. 7 October 1, 2025 New section
Sec. 8 October 1, 2025 New section
Sec. 9 October 1, 2025 New section
Sec. 10 October 1, 2025 New section
Sec. 11 October 1, 2025 New section
Sec. 12 October 1, 2025 New section
Sec. 13 October 1, 2025 New section
Sec. 14 October 1, 2025 New section
Sec. 15 October 1, 2025 New section
Sec. 16 October 1, 2025 New section
Sec. 17 October 1, 2025 New section
Sec. 18 October 1, 2025 New section
Sec. 19 October 1, 2025 New section
Sec. 20 October 1, 2025 New section
Sec. 21 October 1, 2025 New section
Sec. 22 October 1, 2025 New section
Statement of Purpose:
To adopt the Connecticut Uniform Collaborative Law Act.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]