Sec. 9.
(1) Except as otherwise 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 otherwise provided in subsection (3) and sections 10 and 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 (1).
(3) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party to do either of the following:
(a) Ask a tribunal to approve an agreement resulting from the collaborative law process.
(b) Seek or defend an emergency order to protect the health, safety, welfare, or interest of a party if a successor lawyer is not immediately available to represent that person.
(4) If subsection (3)(b) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party 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.
History: 2014, Act 159, Eff. Dec. 8, 2014
Structure Michigan Compiled Laws
Act 159 of 2014 - Uniform Collaborative Law Act (691.1331 - 691.1354)
Section 691.1331 - Short Title.
Section 691.1332 - Definitions.
Section 691.1333 - Applicability of Act.
Section 691.1334 - Collaborative Law Participation Agreement; Requirements.
Section 691.1335 - Beginning and Concluding Collaborative Law Process.
Section 691.1336 - Proceeding Pending Before Tribunal; Status Report.
Section 691.1337 - Emergency Orders.
Section 691.1338 - Approval of Agreement by Tribunal.
Section 691.1339 - Disqualification of Collaborative Lawyer in Associated Law Firm.
Section 691.1340 - Representation of Party With or Without Fee.
Section 691.1341 - Governmental Entity as Party.
Section 691.1342 - Disclosure of Information.
Section 691.1343 - Standards of Professional Responsibility and Mandatory Reporting Not Affected.
Section 691.1344 - Prospective Collaborative Lawyer; Duties.
Section 691.1345 - Coercive or Violent Relationship.
Section 691.1346 - Confidentiality of Collaborative Law Communication.
Section 691.1348 - Waiver and Preclusion of Privilege.
Section 691.1349 - Limits of Privilege.
Section 691.1350 - Authority of Tribunal in Case of Noncompliance.
Section 691.1351 - Application and Construction of Act.