(a) Except as otherwise provided in subsection (c) of this section, a collaborative lawyer is disqualified from appearing before the tribunal to represent a party in a proceeding related to the collaborative matter.
(b) Except as otherwise provided in subsection (c) of this section and §§ 16-4010 and 16-4011, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before the 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) of this section.
(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 the tribunal to approve an agreement resulting from the collaborative law process; or
(2) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, family member, or other person, in accordance with subchapter I of Chapter 10 of this title, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) 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 family member only until that person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
(May 9, 2012, D.C. Law 19-125, § 2(b), 59 DCR 1928.)
This section is referenced in § 16-4010, § 16-4011, § 16-4014, and § 16-4020.
Uniform Law: This section is based on § 9 of the Uniform Collaborative Law Act.
Structure District of Columbia Code
Title 16 - Particular Actions, Proceedings and Matters. [Enacted title]
Chapter 40 - Collaborative Law; Uniform Act
§ 16–4004. Collaborative law participation agreement; requirements
§ 16–4005. Beginning and concluding collaborative law process
§ 16–4006. Proceedings pending before tribunal; status report
§ 16–4008. Approval of agreement by tribunal
§ 16–4009. Disqualification of collaborative lawyer and lawyers in associated law firm
§ 16–4011. Governmental entity as party
§ 16–4012. Disclosure of information
§ 16–4013. Standards of professional responsibility and mandatory reporting not affected
§ 16–4014. Appropriateness of collaborative law process
§ 16–4015. Coercive or violent relationship
§ 16–4016. Confidentiality of collaborative law communication
§ 16–4018. Waiver and preclusion of privilege
§ 16–4019. Limits of privilege
§ 16–4020. Authority of tribunal in case of noncompliance
§ 16–4021. Uniformity of application and construction
§ 16–4022. Relation to Electronic Signatures in Global and National Commerce Act