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Code of Virginia
Title 20. Domestic Relations
Chapter 11. Uniform Collaborative Law Act
11/21/2024

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

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.

2021, Sp. Sess. I, c. 346.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.