(a) The disqualification of section collaborative lawyer and lawyers in associated law firm” class=”unlinked-ref” datatype=”S” sessionyear=”2019″ statecd=”HI”>658G-9(a) applies to a collaborative lawyer representing a party that is a government or governmental subdivision, agency, or instrumentality.

Terms Used In Hawaii Revised Statutes 658G-11

  • 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 the collaborative lawyer is associated may represent a government or governmental subdivision, agency, or instrumentality in the collaborative matter or a matter related to the collaborative matter if:

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