Is the collaborative divorce lawyer required to divulge even non-discoverable information during the collaborative divorce process?
Unless otherwise agreed, by signing the participation agreement, the collaborative divorce lawyer and his/her client agree to provide good faith responses to any good faith questions or requests for information by the other party. In this context, a good faith question or request for information is one that is reasonably calculated to assist in assessing the merits and/or value of a party’s claim or to otherwise further the process of reaching a settlement of all issues. Since this approach uses a standard for disclosure that is different from that used in traditional discovery, a collaborative divorce lawyer could potentially be obligated to divulge some information that he/she might have avoided disclosing in a traditional discovery context.
Related Questions
- What if, sometime after entering into a settlement as a result of a Collaborative Divorce process, a Collaborative Divorce lawyer discovers that the other party failed to disclose information that should have been disclosed?
- Is the collaborative divorce lawyer required to divulge even non-discoverable information during the collaborative divorce process?
- What is the Collaborative Law Process?
