Current through 11/5/2024 election
Section 13-24-109 - Disqualification of collaborative lawyer and lawyers in associated law firm(1) Except as otherwise provided in subsection (3) 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.(2) Except as otherwise provided in subsection (3) of this section and section 13-24-111, 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 (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 tribunal 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 a minor child of either of the parties as defined in section 13-14-101 (2.2) 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 minor child of either of the parties as defined in section 13-14-101 (2.2) for a limited time only until the person or minor child is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.Added by 2021 Ch. 142, §1, eff. 1/1/2022.