(1) There is no privilege under section 13-24-117 for a collaborative law communication that is: (a) Available to the public under article 72 of title 24; (b) A threat or statement of a plan to inflict bodily injury or commit a crime of violence or a threat to the safety of a child under eighteen years of age; (c) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or (d) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement. (2) The privileges under section 13-24-117 for a collaborative law communication do not apply to the extent that a communication is: (a) Sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process or matter; or (b) Sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult. (3) If a collaborative law communication is subject to an exception under subsection (1) or (2) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted. (4) Disclosure or admission of evidence excepted from the privilege under subsection (1) or (2) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose. (5) The privileges under section 13-24-117 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection (5) does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
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