Tex. Fam. Code Section 15.111
Informed Consent


Before a prospective party signs a collaborative family law participation agreement, a prospective collaborative lawyer must:

(1)

assess with the prospective party factors the lawyer reasonably believes relate to whether a collaborative family law process is appropriate for the prospective party’s matter;

(2)

provide the prospective party with information that the lawyer reasonably believes is sufficient for the prospective party to make an informed decision about the material benefits and risks of a collaborative family law process as compared to the material benefits and risks of other reasonably available alternatives for resolving the proposed collaborative matter, including litigation, mediation, arbitration, or expert evaluation; and

(3)

advise the prospective party that:

(A)

after signing an agreement, if a party initiates a proceeding or seeks tribunal intervention in a pending proceeding related to the collaborative family law matter, the collaborative family law process terminates;

(B)

participation in a collaborative family law process is voluntary and any party has the right to terminate unilaterally a collaborative family law process with or without cause; and

(C)

the collaborative lawyer and any lawyer in a law firm with which the collaborative lawyer is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative family law matter, except as authorized by Section 15.106 (Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception)(d), 15.107 (Exception from Disqualification for Representation of Low-income Parties), or 15.108 (Governmental Entity as Party)(c).
Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.

Source: Section 15.111 — Informed Consent, https://statutes.­capitol.­texas.­gov/Docs/FA/htm/FA.­15.­htm#15.­111 (accessed Apr. 29, 2024).

Accessed:
Apr. 29, 2024

§ 15.111’s source at texas​.gov