691.1339 Disqualification of collaborative lawyer in associated law firm.
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691.1339 Disqualification of collaborative lawyer in associated law firm.
Sec. 9.
(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.
History: 2014, Act 159 , Eff. Dec. 8, 2014