2016 Hawaii Revised Statutes
TITLE 36. CIVIL REMEDIES AND DEFENSES AND SPECIAL PROCEEDINGS
658G. Hawaii Uniform Collaborative Law Act
658G-9 Disqualification of collaborative lawyer and lawyers in associated law firm.
[§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]
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