403.650 Disqualification of collaborative lawyer and lawyers in associated law firm.
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/ky/chapter-403/403-650A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Except as otherwise provided in subsection
(3)of this section, a collaborative
lawyer is disqualified from appearing before a court to represent a party in a
proceeding related to the collaborative matter.
(2)Except as otherwise provided in subsection
(3)of this section and KRS 403.652 and
403.654, 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 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 court 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 an immediate family member that resides in the party's
home 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
an immediate family member that resides in the party's home 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.