1. (1) 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.
2. (3)

3. (2) Throughout a collaborative law process, a collaborative lawyer shall reasonably and continuously assess whether the party the collaborative lawyer represents has a history of a coercive or violent relationship with another party. If a collaborative lawyer reasonably believes that the party the lawyer represents or the prospective party who consults the lawyer has a history of a coercive or violent relationship with another party or prospective party, the lawyer may not begin or continue a collaborative law process unless:

   1. (a) The party or the prospective party requests beginning or continuing a process; and
   2. (b) The collaborative lawyer reasonably believes that the safety of the party or prospective party can be protected adequately during a process.

Effective: July 15, 2024

History: Created 2024 Ky. Acts ch. 62, sec. 12, effective July 15, 2024.