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Texas Family Code - FAM § 15.106. Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception

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

(a) In this section, “family” has the meaning assigned by Section 71.003.

(b) Except as provided by Subsection (d), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative family law matter regardless of whether the collaborative lawyer is representing the party for a fee.

(c) Except as provided by Subsection (d) and Sections 15.107 and 15.108, 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 family law matter if the collaborative lawyer is disqualified from doing so under Subsection (b).

(d) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party:

(1) to request a tribunal to approve an agreement resulting from the collaborative family law process; or

(2) to seek or defend an emergency order to protect the health, safety, welfare, or interest of a party or a family if a successor lawyer is not immediately available to represent that party.

(e) The exception prescribed by Subsection (d) does not apply after the party is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that party or family.

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Cite this article: FindLaw.com - Texas Family Code - FAM § 15.106. Disqualification of Collaborative Lawyer and Lawyers in Associated Law Firm; Exception - last updated January 01, 2024 | https://codes.findlaw.com/tx/family-code/fam-sect-15-106/

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