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Code · Montana · Title 25 — Civil Procedure · Chapter 40 · Part 1

25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm.

226 words·~1 min read·/mt/title-25/chapter-40/part-1/25-40-108·

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25-40-108 . Disqualification of collaborative lawyer and lawyers in associated law firm.
(1)Except as 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 provided in 25-40-109 and 25-40-110 and subsection
(3)of this section, 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:
(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 household member if a successor lawyer is not immediately available to represent that person.
(4)If subsection (3)(b) applies, a collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party or household member 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.
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