Uniform Collaborative Law Act – an update on current enactment progress

by Harry Tindall October 09, 2012

The Uniform Collaborative Law Act (UCLA) was unanimously approved by the Uniform Law Commission in 2009. Minor amendments were made in 2010 to allow for states to choose whether to have the act apply to family cases only or to all civil disputes. Also the act was edited to be adapted as court rules if a jurisdiction was inclined to use that approach. Five jurisdictions have now enacted the UCLA, namely Utah, Texas, Nevada, District of Columbia, and Hawaii. Utah, Texas, and District of Columbia opted to have the act apply to family law cases only, while Nevada and Hawaii opted to have the act to all civil cases. Enactment efforts are proceeding in several other jurisdictions. In Ohio, the UCLA has passed the House and is awaiting Senate action. In Alabama, the act has been approved the Alabama State Bar and is expected to be introduced in January 2014. In California, the act has been vetted with numerous stake holders and bill filing is anticipated for 2013. In New Jersey, the NJ Law Revision Commission has circulated the act for review and comment. Timing for introduction is expected in 2013 or 2014. If there are other ongoing efforts, please notify me as soon as possible. Local amendments have focused around adaptations for domestic violence screening, privileged communications, and application for governmental entities. The importance of the UCLA cannot be overstated. While collaborative law can be done by private agreement as a form of limited representation, the statutory recognition of collaborative law lends recognition to the practice and formalizes practices and procedure.

Comments (3) -

kevin@scudderlaw.netUnited States
10/24/2012 10:08:05 PM #

Thanks for the post, Harry.  Washington State will be presenting the UCLA for consideration again at the next session and we have high hopes.  We have a strong team of advocates working on getting it through the legislature.

Thank you also for keeping us informed about the UCLA.  That means, in a nice way, that I do not have to.  Besides, I will be busy writing about Practice Groups!!

View my profile on www.collaborativepractice.com

htindall@tindallengland.comUnited States
2/9/2013 5:09:39 PM #

UCLA update. Ohio has become the 6th state to enact the UCLA. Governor John Kasich signed the legislation in December, 2012. For 2013, bills have already been filed in Tennessee, Illinois, Oklahoma and Washington.

View my profile on www.collaborativepractice.com

6/17/2014 12:01:40 PM #

UCLA update. When this blog started in October 2012, 5 states had enacted the Uniform Collaborative Law Act. Am very please to report that 10 states have now enacted the UCLA and New Jersey appears to be nearing passage of the act. 2015 should be a fruitful year for additional enactments. As momentum gathers, passage get easier. When appearing before a legislative body, it is better to report 10 enactment rather than some lesser number. If you wish to get advice on how to enact the UCLA, please contact me at htindall@tindallengland.com  

View my profile on www.collaborativepractice.com

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