Section 9 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception

As amended through November 4, 2024
Section 9 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception
(a) Except as provided by Subsection (c), a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to the collaborative family law matter regardless of whether the collaborative lawyer is representing the party for a fee.
(b) Except as provided in Subsection (c) and Section 10, 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 family law matter if the collaborative lawyer is disqualified from doing so under Subsection (a).
(c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
(1) to request a court to approve an agreement resulting from the collaborative family 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 if a successor lawyer is not immediately available to represent that party.
(d) The exception prescribed by Subsection (c)(2) does not apply after the party is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that party or family.
Adopted by order filed and effective 4/1/2019.