658G-10]  Low income parties.  (a)  The disqualification of § 658G-9(a) applies to a collaborative lawyer representing a party with or without fee.

Terms Used In Hawaii Revised Statutes 658G-10

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons:

         (1)  Sign a collaborative law participation agreement; and

         (2)  Are represented by collaborative lawyers. See Hawaii Revised Statutes 658G-2

  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Hawaii Revised Statutes 658G-2
  • Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution including a dispute, claim, or issue in a proceeding which is described in a collaborative law participation agreement. See Hawaii Revised Statutes 658G-2
  • Law firm: means :

         (1)  Lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association;

         (2)  Lawyers employed in a legal services organization;

         (3)  Lawyers employed in the legal department of a corporation or other organization; or

         (4)  Lawyers employed in the legal department of a government or governmental subdivision, agency, or instrumentality. See Hawaii Revised Statutes 658G-2

  • Party: means a person that signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Hawaii Revised Statutes 658G-2

     (b)  After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified under § 658G-9(a) is associated may represent a party without fee in the collaborative matter or a matter related to the collaborative matter if:

     (1)  The party has an annual income that qualifies the party for free legal representation under the criteria established by the law firm for free legal representation;

     (2)  The collaborative law participation agreement so provides; and

     (3)  The collaborative lawyer is isolated from any participation in the collaborative matter or a matter related to the collaborative matter through procedures within the law firm which are reasonably calculated to isolate the collaborative lawyer from that participation.