A. The disqualification provisions of § 20-175 apply to a collaborative lawyer representing a party with or without fee.

Terms Used In Virginia Code 20-176

  • Collaborative law participation agreement: means an agreement by persons to participate in a collaborative law process. See Virginia Code 20-168
  • Collaborative law process: means a procedure intended to resolve a collaborative matter without intervention by a tribunal in which persons sign a collaborative law participation agreement and are represented by collaborative lawyers. See Virginia Code 20-168
  • Collaborative lawyer: means a lawyer who represents a party in a collaborative law process. See Virginia Code 20-168
  • Collaborative matter: means a dispute, transaction, claim, problem, or issue for resolution that is described in a collaborative law participation agreement and that is between family or household members or arises under the family or domestic relations laws of the Commonwealth, including (i) marriage, divorce, dissolution, annulment, and property distribution; (ii) child custody, visitation, and parenting time; (iii) alimony, spousal support, maintenance, and child support; (iv) adoption; (v) parentage; and (vi) negotiation or enforcement of premarital, marital, and separation agreements. See Virginia Code 20-168
  • Law firm: means (i) lawyers who practice law together in a partnership, professional corporation, sole proprietorship, limited liability company, or association or (ii) lawyers employed together in (a) a legal services organization or (b) the legal department of another organization. See Virginia Code 20-168
  • Party: means a person who signs a collaborative law participation agreement and whose consent is necessary to resolve a collaborative matter. See Virginia Code 20-168

B. After a collaborative law process concludes, another lawyer in a law firm with which a collaborative lawyer disqualified pursuant to § 20-175 is associated may represent a party without fee in the collaborative matter or a matter related to such 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 for such subsequent representation; 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 that are reasonably calculated to isolate the collaborative lawyer from such participation.

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