Supreme Court Proposes Uniform Collaborative Law Rules

The Washington State Supreme Court has published for comment Uniform Collaborative Law Rules (UCLR) proposed by the WSBA Board of Governors regarding the practice of Collaborative Law. See order below dated April 5, 2013. Comments need to be submitted within 60 days.

The UCLR are the WSBA Board of Governors preferred solution to the proposed Uniform Collaborative Law Act. In short, the BOG prefers that some of the sections of the proposed UCLA be adopted as rules, rather than enacted as statute, to address their separation of powers concerns.

The UCLA is currently under consideration in the Washington State Legislature. It was passed unanimously by the House March 4, 2013. In the Senate it was passed by a majority of the Senate Law & Justice Committee with amendments and is now in Senate Rules committee for second reading.  Click here to track the bill.

The ADR Section has taken the official position that it supports enactment of the UCLA as statute, or adoption of the UCLR as rules, or in any combination as may be appropriate.

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For background on the WSBA BOG's position on the rules see the attached excerpt from their March meeting agenda packet.

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Update: The UCLA was passed by the legislature and signed by Governor Inslee. Uniform Collaborative Law Act (pdf), Chapter 119, Laws of 2013. Effective 7/28/2013.

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