403.650 Disqualification of collaborative lawyer and lawyers in associated law firm. (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 c ourt 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. rotect 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 lawy er 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 pe rson. Effective: July 15, 2024 History: Created 2024 Ky. Acts ch. 62, sec. 6, effective July 15, 2024.
Kentucky Legal Code