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Schepard Memo 10-7-08 1 (October 7, 2008)

handle is hein.nccusl/nccpub01122 and id is 1 raw text is: Memorandum To: Collaborative Law Student Research Group From: Andrew Schepard Re: Issues for Law Student Research for NCCUSL's Collaborative Law Drafting Committee Meeting on November 21, 2008 Date: October 7, 2008. This memorandum summarizes the research and drafting tasks that I would like you to undertake in preparation for the Collaborative Law Act Drafting Committee meeting which begins on Friday, November 20, 2008 in Portland, Oregon. 1. Update and Expand Collaborative Law Statutes and Court Rules Chart Please update the March 2007 chart prepared for the first meeting of the Drafting Committee which summarizes existing legislation and court rules on collaborative law. Please be sure to include the following topics, if they are not covered in the current chart: * Is collaborative law limited to family and divorce disputes * Are parties required to have lawyers to participate in a collaborative law process? * Are collaborative lawyers disqualified from further representation of a party if collaborative law terminates? * If a collaborative lawyer is affiliated with a law firm or other organization, does the statute or rule require that the law firm also be disqualified if collaborative law terminates? * What are the privilege and confidentiality protections for the collaborative law process? * Any other key provisions? II. Draft Research Memoranda With Recommendations Please write brief memoranda to the Drafting Committee on the following topics. Each memorandum should be a separate document. Your memorandum should briefly answer the questions posed below, summarize the applicable law, and make a recommendation to the Drafting Committee about how the current draft of the Collaborative Law Act should be changed in light of your analysis. 1. What are the arguments for and against a third (non party) evidentiary privilege being sound public policy? The current draft of the Collaborative Law Act gives third parties (called non party participants) in the collaborative law process the right to assert an evidentiary privilege if the non party (e.g. a psychologist or financial planner jointly retained by the parties) is called to testify about a collaborative law communication. The non party has the right to assert this privilege even if the parties want the non party to testify. Thus, under the Act, a psychologist may be asked by both parents and their counsel to a collaborative law

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