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 § 20-176, 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 another lawyer in a law firm with which the collaborative lawyer is associated may represent a party:
1. To ask a tribunal to affirm, ratify, and incorporate any agreement resulting from the collaborative law process into a court order;
2. To ask a tribunal to enter any order necessary to effectuate the terms of any agreement resulting from the collaborative law process; or
3. To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or a party's family or household member, if a successor lawyer is not immediately available to represent such person.
D. If subdivision C 3 applies, a collaborative lawyer, or another lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or a party's family or household member only until such person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
2021, Sp. Sess. I, c. 346.
Structure Code of Virginia
Chapter 11 - Uniform Collaborative Law Act
§ 20-170. Collaborative law participation agreement; requirements
§ 20-171. Beginning and concluding collaborative law process
§ 20-172. Proceedings pending before tribunal; status report
§ 20-174. Affirmation of agreement by tribunal
§ 20-175. Disqualification of collaborative lawyer and lawyers in associated law firm; exception
§ 20-176. Low-income parties; exception from imputed disqualification
§ 20-177. Disclosure of information
§ 20-178. Standards of professional responsibility and mandatory reporting not affected
§ 20-179. Appropriateness of collaborative law process
§ 20-180. History of family abuse
§ 20-181. Confidentiality of collaborative law communication
§ 20-182. Privilege against disclosure of collaborative law communication; admissibility; discovery
§ 20-183. Waiver and preclusion of privilege
§ 20-185. Authority of tribunal in case of noncompliance
§ 20-186. Uniformity of application and construction
§ 20-187. Relation to Electronic Signatures in Global and National Commerce Act