Wash. Rev. Code § 7.77.080

Current through 2024

Section 7.77.080 - 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 RCW 7.77.090, 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 family or household member or intimate partner, as defined in RCW 7.105.010, 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 family or household member or intimate partner 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.

RCW 7.77.080

Amended by 2021 c 215,§ 92, eff. 7/1/2022.

Amended by 2020 c 29,§ 2, eff. 3/18/2020.

Added by 2013 c 119,§ 9, eff. 7/28/2013.

Effective date- 2022 c 268; 2021 c 215 : See note following RCW 7.105.900.

Effective date- 2020 c 29 : See note following RCW 7.77.060.