Current through Public Act 151 of the 2024 Legislative Session
Section 691.1339 - Disqualification of collaborative lawyer in associated law firm(1) Except as otherwise provided in subsection (3), 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) and sections 10 and 11, 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).(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party to do either of the following: (a) Ask a tribunal to approve an agreement resulting from the collaborative law process.(b) Seek or defend an emergency order to protect the health, safety, welfare, or interest of a party if a successor lawyer is not immediately available to represent that person.(4) If subsection (3)(b) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party 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.Added by 2014, Act 159,s 9, eff. 12/8/2014.