§658G-9 Disqualification of collaborative lawyer and lawyers in associated law firm. (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 sections 658G-10 and 658G-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 (a).
(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; or
(2) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or family or household member as defined in section 586-1 if a successor lawyer is not immediately available to represent that person. In that event, subsections (a) and (b) apply when the party, or family or household member is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that person. [L 2012, c 207, pt of §1]
Structure Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
658G. Hawaii Uniform Collaborative Law Act
658G-4 Collaborative law participation agreement; requirements.
658G-5 Beginning and concluding a collaborative law process.
658G-6 Proceedings pending before tribunal; status report.
658G-8 Approval of agreement by tribunal.
658G-9 Disqualification of collaborative lawyer and lawyers in associated law firm.
658G-11 Governmental entity as party.
658G-12 Disclosure of information.
658G-13 Standards of professional responsibility and mandatory reporting not affected.
658G-14 Appropriateness of collaborative law process.
658G-15 Coercive or violent relationship.
658G-16 Confidentiality of collaborative law communication.
658G-17 Privilege against disclosure for collaborative law communication; admissibility; discovery.
658G-18 Waiver and preclusion of privilege.
658G-20 Authority of tribunal in case of noncompliance.
658G-21 Uniformity of application and construction.
658G-22 Relation to Electronic Signatures in Global and National Commerce Act.