Rule 4-1.19 — Collaborative Law Process in Family Law

Rule Text (verbatim from The Florida Bar)

(a) Duty to Explain Process to Client. A lawyer must obtain
the informed consent of a client in a family law matter before
proceeding in the collaborative law process after providing the client
with sufficient information about the collaborative law process,
including, but not limited to, the following:
(1) the material benefits and risks of using the
collaborative law process to resolve a family law matter;
(2) the nature and scope of the matter to be resolved
through the collaborative law process;
(3) alternatives to the collaborative law process;
(4) that participation in the collaborative law process is
voluntary and any client may unilaterally terminate the
collaborative law process for any reason;
(5) that the collaborative law process will terminate if
any participating client initiates a proceeding or seeks court
intervention in a pending proceeding related to the collaborative law
matter after the clients have signed the collaborative law agreement;
(6) limitations on the lawyer’s participation in
subsequent proceedings imposed by family law court rules on the
collaborative law process; and
(7) fees and costs the client can reasonably expect to
incur in the collaborative law process, including the fees of the
lawyers, mental health professionals, and financial professionals.
(b) Written Agreement Required. A lawyer is prohibited
from representing a client in the collaborative process in a family

law matter unless all participating lawyers and clients sign a
written agreement that includes:
(1) a statement of the clients’ intent to resolve a matter
through the collaborative law process under these rules;
(2) a description of the nature and scope of the matter;
(3) identification of the lawyers participating in the
collaborative law process and which client(s) they represent;
(4) that the clients will make timely, full, candid and
informal disclosure of information related to the collaborative
matter without formal discovery and will promptly update
previously disclosed information that has materially changed;
(5) that participation in the collaborative law process is
voluntary and any client may unilaterally terminate the
collaborative law process for any reason;
(6) that the collaborative law process will terminate if
any participating client initiates a proceeding or seeks court
intervention in a pending proceeding related to the collaborative law
matter after the clients have signed the collaborative law agreement;
and
(7) that the clients understand that their lawyers may
not represent the clients or any other person before a court in a
proceeding related to the collaborative law matter except as
provided by court rule.
(c) Duty to Address Domestic Violence. A lawyer must
reasonably inquire whether a client has a history of any coercive or
violent relationship with another party in a family law matter before
agreeing to represent a client in the collaborative law process and
must make reasonable efforts to continue to assess whether a
coercive or violent relationship exists between parties in a family
law matter throughout the collaborative law process. A lawyer may
not represent a client in the collaborative law process in a family
law matter and must terminate the client-lawyer relationship in an
existing collaborative law process in a family law matter if the

lawyer reasonably believes that the lawyer’s client has a history of
any coercive or violent relationship with another party in the matter
unless:
(1) the client requests to begin or continue the
collaborative law process; and
(2) the lawyer reasonably believes that the safety of the
client can be protected during the collaborative law process.