Section 16-4009 - Disqualification of collaborative lawyer and lawyers in associated law firm

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 the 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 §§ 16-4010 and 16-4011, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before the 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 the 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, family member, or other person, in accordance with subchapter I of Chapter 10 of this title, if a successor lawyer is not immediately available to represent that person.

(d) If subsection (c)(2) 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 member only until that person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.

CREDIT(S)

(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)

HISTORICAL AND STATUTORY NOTES

Legislative History of Laws
For history of Law 19-125, see notes under § 16-4001.
Uniform Law:
This section is based on § 9 of the Uniform Collaborative Law Act. See Vol. 7 , Part 1B, Uniform Laws Annotated, Master Edition or ULA Database on Westlaw.

Current through September 13, 2012