- (1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to the collaborative matter.
- (2) Except as otherwise provided in subsection (3) of this section and KRS 403.652 and 403.654, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a court to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection (1) of this section.
(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
- (a) To ask a court to approve an agreement resulting from the collaborative law process; or
- (b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or an immediate family member that resides in the party's home if a successor lawyer is not immediately available to represent that person.
- (4) If subsection (3)(b) of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or an immediate family member that resides in the party's home only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
Effective: July 15, 2024
History: Created 2024 Ky. Acts ch. 62, sec. 6, effective July 15, 2024.