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Montana Title 25. Civil Procedure § 25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm

Current as of January 01, 2024 | Updated by FindLaw Staff

(1) Except as provided in subsection (3), 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 provided in 25-40-109 and 25-40-110 and subsection (3) of this section, 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).

(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 household member if a successor lawyer is not immediately available to represent that person.

(4) If subsection (3)(b) applies, a collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party or household member 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 - Montana Title 25. Civil Procedure § 25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-25-civil-procedure/mt-code-ann-sect-25-40-108/

Read this complete Montana Title 25. Civil Procedure § 25-40-108. Disqualification of collaborative lawyer and lawyers in associated law firm on Westlaw. Westlaw subscription required.

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