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Haw. Rev. Stat. § 658G-9

Disqualification of collaborative lawyer and lawyers in associated law firm

Known as the Hawaii Uniform Collaborative Law Act

The act spans §§ 658G-1–658G-9 (22 sections).

L 2012, c 207, pt of §1

(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.

Official source: Hawaii State Legislature. Reproduced from public-domain Hawaii statutes; confirm against the official source for the current text. Not legal advice.