(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. This disqualification is not subject to waiver by the parties.
(b) Except as otherwise provided in subsection (c), 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) or other court order.
(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 and prepare and file all documents necessary to obtain a final order; or
(2) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or the party's child including, but not limited to, a proceeding filed under the Protection from Abuse Act, Chapter 5 of Title 30, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or the party's child 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.
Structure Code of Alabama
Article 1 - Settlement of Controversies.
Division 4 - Alabama Uniform Collaborative Law Act.
Section 6-6-26.01 - Definitions.
Section 6-6-26.02 - Applicability.
Section 6-6-26.03 - Collaborative Law Participation Agreement; Requirements.
Section 6-6-26.04 - Beginning and Concluding Collaborative Law Process.
Section 6-6-26.05 - Proceedings Pending Before Tribunal; Status Report.
Section 6-6-26.06 - Emergency Order.
Section 6-6-26.07 - Approval of Agreement by Tribunal.
Section 6-6-26.08 - Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm.
Section 6-6-26.09 - Low Income Parties.
Section 6-6-26.10 - Governmental Entity as Party.
Section 6-6-26.11 - Disclosure of Information.
Section 6-6-26.12 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
Section 6-6-26.13 - Appropriateness of Collaborative Law Process.
Section 6-6-26.14 - Coercive or Violent Relationship.
Section 6-6-26.15 - Confidentiality of Collaborative Law Communication.
Section 6-6-26.17 - Waiver and Preclusion of Privilege.
Section 6-6-26.18 - Limits of Privilege.
Section 6-6-26.19 - Authority of Tribunal in Case of Noncompliance.
Section 6-6-26.20 - Uniformity of Application and Construction.
Section 6-6-26.21 - Relation to Electronic Signatures in Global and National Commerce Act.