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Kentucky Revised Statutes Title XXXV. Domestic Relations § 403.650.Disqualification of collaborative lawyer and lawyers in associated law firm

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) Except as otherwise provided in subsection (3) of this section, a collaborative lawyer is disqualified from appearing before a court to represent a party in a proceeding related to the collaborative matter.

(2) Except as otherwise provided in subsection (3) of this section and KRS 403.652 and 403.654, a lawyer in a law firm with which the collaborative lawyer is associated is disqualified from appearing before a court 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 court 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 an immediate family member that resides in the party's home 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 an immediate family member that resides in the party's home 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.

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Cite this article: FindLaw.com - Kentucky Revised Statutes Title XXXV. Domestic Relations § 403.650.Disqualification of collaborative lawyer and lawyers in associated law firm - last updated January 01, 2025 | https://codes.findlaw.com/ky/title-xxxv-domestic-relations/ky-rev-st-sect-403-650/

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