Oklahoma 2025 Regular Session

Oklahoma House Bill HB2117

Introduced
2/3/25  
Refer
2/4/25  
Report Pass
2/26/25  
Engrossed
3/4/25  
Refer
4/1/25  
Report Pass
4/8/25  
Enrolled
5/8/25  

Caption

Civil procedure; enacting the Uniform Collaborative Law Act; effective date.

Summary

HB2117 enacts the Uniform Collaborative Law Act in Oklahoma, creating a statutory framework for parties to resolve disputes outside of court through a collaborative process. The bill defines key terms such as collaborative law communication, collaborative lawyer, collaborative matter, and tribunal, and sets out when the process begins, how it ends, and what must be included in a valid collaborative law participation agreement. It also allows parties in pending cases to file notice of a collaborative agreement, which generally operates as a request to stay the court proceeding while the collaborative process is underway. The act gives collaborative law communications confidentiality and privilege protections, limits discovery and admissibility of those communications, and establishes exceptions for matters such as threats, crimes, public records, malpractice claims, and certain abuse or neglect issues. It also addresses attorney disqualification rules, including restrictions on collaborative lawyers and their firms from later appearing in related litigation, while creating limited exceptions for emergency protective orders, low-income representation, and government entities. The bill further requires lawyers to assess whether collaborative law is appropriate, including screening for coercive or violent relationships, and preserves mandatory reporting duties and professional responsibility obligations. HB2117’s impact on state law is to add a new civil procedure chapter in Title 12 governing collaborative dispute resolution and to supersede inconsistent state law to the extent necessary to implement the uniform act. It also interacts with the federal E-SIGN Act by specifying how electronic signatures and records apply. The law is set to take effect January 1, 2026, and will affect litigants, family law and civil practitioners, courts, and any parties choosing collaborative resolution instead of traditional litigation. The overall sentiment around the bill appears strongly favorable and largely noncontroversial. It passed the House and Senate with substantial margins, including unanimous Senate committee approval and unanimous Senate final passage, and only four no votes in the House third-reading vote. The broad support suggests lawmakers viewed the measure as a procedural modernization that expands voluntary settlement options while preserving court oversight for emergencies and safety concerns. The main points of potential contention are the attorney disqualification provisions, the confidentiality and privilege rules, and the balance between voluntary collaboration and protections for vulnerable parties. The bill attempts to address those concerns by requiring lawyers to screen for coercive or violent relationships, allowing emergency orders during the process, and preserving abuse-reporting obligations. Another possible issue is the impact on legal practice and firm conflicts, since the act can disqualify not only the collaborative lawyer but also associated lawyers in the same firm from related litigation, subject to limited exceptions.

Impact

HB2117 creates a new statutory scheme in Title 12 for collaborative law proceedings, including requirements for participation agreements, stays of pending cases, confidentiality and privilege rules, attorney disqualification, and exceptions for emergency relief and certain representation scenarios. It changes Oklahoma civil procedure by recognizing collaborative law as an alternative dispute resolution method with enforceable procedural protections and by limiting how related litigation may proceed once parties enter the process.

Sentiment

The bill was received positively across both chambers, with strong committee and floor support and no recorded opposition in the Senate votes. The vote pattern suggests broad agreement that the measure provides a useful, voluntary dispute-resolution option and modernizes Oklahoma procedure without major partisan division.

Contention

The most notable issues are the scope of attorney disqualification, the extent of confidentiality and privilege for collaborative communications, and whether the process adequately protects parties in coercive or violent relationships. Supporters appear to have accepted these concerns as addressed by the bill’s screening requirements, emergency-order authority, and exceptions for abuse reporting and criminal conduct, while any skeptics likely focused on the practical effects on litigation strategy, law firm conflicts, and access to court if collaboration fails.

Companion Bills

No companion bills found.

Similar Bills

CT SB01283

An Act Concerning The Adoption Of The Connecticut Uniform Collaborative Law Act.

OK HB2117

Civil procedure; enacting the Uniform Collaborative Law Act; effective date.

VA HB1582

Pharmacists; collaborative agreements, drug therapy.