2022 Colorado Code
Title 13 - Courts and Court Procedure
Article 24 - Uniform Collaborative Law Act
§ 13-24-109. Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm

Universal Citation: CO Code § 13-24-109 (2022)

[ Editor's note: This section is effective January 1, 2022.]

  1. Except as otherwise provided in subsection (3) of this section, 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) of this section and section 13-24-111, 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) of this section.
  3. 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 a minor child of either of the parties as defined in section 13-14-101 (2.2) if a successor lawyer is not immediately available to represent that person.
  4. If subsection (3)(b) 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 minor child of either of the parties as defined in section 13-14-101 (2.2) for a limited time only until the person or minor child is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.

Source: L. 2021: Entire article added, (SB 21-143), ch. 142, p. 793, § 1, effective January 1, 2022.

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