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Texas Family Code

§ 15.106 — DISQUALIFICATION OF COLLABORATIVE LAWYER AND LAWYERS IN ASSOCIATED LAW FIRM; EXCEPTION

FA § 15.106Title 1-A. COLLABORATIVE FAMILY LAW · Ch. 15. COLLABORATIVE FAMILY LAW ACT · Art. C. COLLABORATIVE FAMILY LAW PROCESS

Statute text

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(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.

Legislative history

Added by Acts 2011, 82nd Leg., R.S., Ch. 1048 (H.B. 3833), Sec. 1, eff. September 1, 2011.