RÉSUMÉ DIGEST
ACT 98 (SB 188) 2024 Regular Session Coussan
New law (R.S. 9:377-377.19) adopts the Uniform Collaborative Law Act and limits its
application to family law matters.
New law (R.S. 9:377-377.1) provides for a short title and legislative intent, application, and
construction.
New law (R.S. 9:377.2) provides for definitions of key terms such as "collaborative family
law process", "collaborative family law matter", and "collaborative family law
communication".
New law (R.S. 9:377.4) provides that the voluntary and contractual alternative dispute
resolution method be in writing, be signed by the parties, describe the scope of the family law
matter, and identify the attorney for each party.
New law (R.S. 9:377.5) provides for the initiation and conclusion of a collaborative family
law process. New law further provides that a collaborative family law process terminates by
giving notice to the other party, initiating a pleading, or requesting a court hearing or similar
action.
New law (R.S. 9:377.6) provides for a stay of the court proceedings once a collaborative
family law participation agreement is filed with the court.
New law (R.S. 9:377.7) authorizes a court, during a collaborative family law process, to enter
an emergency order to protect the health, safety, and welfare of a party or family or
household member.
New law (R.S. 9:377.9-377.11) provides for the disqualification of a collaborative lawyer
and members of his firm from appearing before a court in a proceeding related to the
collaborative family law matter.
New law (R.S. 9:377.12) requires the disclosure of information related to the collaborative
family law matter without formal discovery.
New law (R.S. 9:377.13) does not affect the professional responsibilities applicable to the
participating licensed professionals.
New law (R.S. 9:377.14) requires a collaborative attorney to assess and advise prospective
parties as to whether a collaborative family law process is appropriate to resolve the parties'
family law matter.
New law (R.S. 9:377.15-377.18) provides for the confidentiality of collaborative family law
communications and privileges against disclosure. New law further provides for the waiver
and limitations of privileges.
New law (R.S. 9:377.19) authorizes courts to uphold collaborative family law participation
agreements that fail to meet certain requirements based upon the parties' intent.
Effective August 1, 2024.
(Adds R.S. 9:377-377.19)