Where It All Begins: the Uniform Collaborative Law Act
Chapter 7.77 of the Revised Code of Washington (RCW) holds the Uniform Collaborative Law Act, the foundational statute for Collaborative Practice. Though Collaborative participation agreements restate many parts of the statute, other parts are not discussed as frequently. They include:
- Parties must be timely in disclosing information to each other. RCW 7.77.100: “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.” We can fall into thinking that timely, full, and candid information disclosure is just good practice, but it is actually required by law.
- Parties must provide updates to previously disclosed information. RCW 7.77.100: “A party also shall update promptly previously disclosed information that has materially changed.” Again, this is something that collaborative practitioners generally do as a matter of course, but it may resonate differently if you understand it as a statutory requirement.
- Collaborative lawyers must make reasonable inquiries about any history of DV. This is true both before a prospective party signs a participation agreement and throughout the collaborative law process. See RCW 7.77.130.
- Even if a court action has been filed, it may not be too late. Under RCW 7.77.050, parties in a proceeding that is pending before a tribunal may sign a participation agreement and file notice of the agreement with the tribunal. Filing notice “operates as an application for a stay of the proceeding.” The statute has guidance about when the stay is lifted and the contents of any status reports that the tribunal may require.
If you have additional thoughts or questions about chapter 7.77 RCW, the KCCL listserv would be a great place to raise them.
April Benson is a KCCL member and attorney. April joined Holman Cahill PLLC in 2023 and focuses her practice on amicable/collaborative family law: divorce, parentage, and guardianships. Her office is in North Seattle, but the nature of her practice (and the convenience of Zoom) often allows her to take clients throughout the State of Washington.
April Benson is a KCCL member and attorney. April joined Holman Cahill PLLC in 2023 and focuses her practice on amicable/collaborative family law: divorce, parentage, and guardianships. Her office is in North Seattle, but the nature of her practice (and the convenience of Zoom) often allows her to take clients throughout the State of Washington.
