HRS § 658G-9 - Disqualification of collaborative lawyer and lawyers in associated law firm

(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (b) Except as otherwise provided in subsection (c) and sections 658G-10 and 658G-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 (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 ask a 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, or family or household member as defined in section 586-1 if a successor lawyer is not immediately available to represent that person. In that event, subsections (a) and (b) apply when the party, or family or household member is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that person. [L 2012, c 207, pt of §1]