Virginia § 20-175 Disqualification of collaborative lawyer and lawyers in associated law firm; exception

Virginia Statutes

§ 20-175 — Disqualification of collaborative lawyer and lawyers in associated law firm; exception

Virginia·Title 20 Domestic Relations·Ch. 11 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.

B.Except as otherwise provided in subsection C and § 20-176, 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 another lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

1.To ask a tribunal to affirm, ratify, and incorporate any agreement resulting from the collaborative law process into a court order;

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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.

B. Except as otherwise provided in subsection C and § 20-176, 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 another lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

1. To ask a tribunal to affirm, ratify, and incorporate any agreement resulting from the collaborative law process into a court order;

2. To ask a tribunal to enter any order necessary to effectuate the terms of any agreement resulting from the collaborative law process; or

3. To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or a party's family or household member, if a successor lawyer is not immediately available to represent such person.

D. If subdivision C 3 applies, a collaborative lawyer, or another lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or a party's family or household member only until such person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.

Virginia § 20-175 (Disqualification of collaborative lawyer and lawyers in associated law firm; exception) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.