25-40-110. Governmental entity as party. (1) The disqualification provision contained in 25-40-108(1) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.
(2) After a collaborative law process concludes, another lawyer in a law firm with which the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:
(a) the collaborative law participation agreement so provides; and
(b) the collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm that are reasonably calculated to isolate the collaborative lawyer from such participation.
History: En. Sec. 10, Ch. 200, L. 2015.
Structure Montana Code Annotated
Chapter 40. Alternative Dispute Resolution
Part 1. Uniform Collaborative Law Act
25-40-103. Collaborative law participation agreement -- requirements
25-40-104. Beginning and concluding collaborative law process
25-40-105. Proceedings pending before tribunal -- status report
25-40-107. Approval of agreement by tribunal
25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm
25-40-110. Governmental entity as party
25-40-111. Disclosure of information
25-40-112. Standards of professional responsibility and mandatory reporting not affected
25-40-113. Appropriateness of collaborative law process
25-40-114. Coercive or violent relationship
25-40-115. Confidentiality of collaborative law communication
25-40-117. Waiver and preclusion of privilege
25-40-118. Limits of privilege
25-40-119. Authority of tribunal in case of noncompliance
25-40-120. Uniformity of application and construction
25-40-121. Relation to Electronic Signatures in Global and National Commerce Act