Alabama § 6-6-26.08 Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm

Alabama Statutes

§ 6-6-26.08 — Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm

Alabama·Title 6 Civil Practice·Ch. 6 Remedies·Art. 1 Settlement of Controversies·Div. 4 Alabama Uniform Collaborative Law Act

(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. This disqualification is not subject to waiver by the parties.

(b)Except as otherwise provided in subsection (c), 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) or other court order.

(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

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(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. This disqualification is not subject to waiver by the parties.
(b) Except as otherwise provided in subsection (c), 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) or other court order.
(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 and prepare and file all documents necessary to obtain a final order; or
(2) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or the party’s child including, but not limited to, a proceeding filed under the Protection from Abuse Act, Chapter 5 of Title 30, if a successor lawyer is not immediately available to represent that person.
(d) If subsection (c)(2) applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or the party’s child 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.

Alabama § 6-6-26.08 (Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.