(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 RCW 7.77.090, 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:
(a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or family or household member or intimate partner, as defined in RCW 26.50.010, 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 family or household member or intimate partner 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.
[ 2020 c 29 § 2; 2013 c 119 § 9.]
NOTES:
Effective date—2020 c 29: See note following RCW 7.77.060.
RCW 7.77.080
Disqualification of collaborative lawyer and lawyers in associated law firm. (Effective July 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 RCW 7.77.090, 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:
(a) To ask a tribunal to approve an agreement resulting from the collaborative law process; or
(b) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or family or household member or intimate partner, as defined in RCW 7.105.010, 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 family or household member or intimate partner 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.
[ 2021 c 215 § 92; 2020 c 29 § 2; 2013 c 119 § 9.]
NOTES:
Effective date—2021 c 215: See note following RCW 7.105.900.
Effective date—2020 c 29: See note following RCW 7.77.060.