DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN ASSOCIATED LAW FIRM.
- A. Except as otherwise provided in subsection C of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
- B. Except as otherwise provided in subsection C of this section and Sections 10 and 11 of this act, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative lawyer is disqualified from doing so under subsection A of this section.
C. A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
- 1. To ask a tribunal to approve an agreement resulting from the collaborative law process; or
- 2. To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or a family or household member authorized to seek a protective order pursuant to the Protection from Domestic Abuse Act, if a successor lawyer is not immediately available to represent that person.
- D. If paragraph 2 of subsection C 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 family or household member 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.
Laws 2025, HB 2117, c. 226, § 9, eff. January 1, 2026.