Rule 294 – Disqualification of Lawyer Serving in Collaborative Process and Lawyers in Associated Law Firm

May 11, 2021 | Civil Procedure, Illinois

(a) Except as provided in paragraph (c), a lawyer serving or who ha s served as a collaborative process lawyer, as defined in the Collaborative Process Act (750 1LCS 90/1 et seq. ), is disqualified from appearing before a tribunal to represent any party in a proceeding relating to the collaborative process matter in which the lawyer serves or served as a collaborative process lawyer. Further, a lawyer serving or who has served as a collaborative process lawyer must withdraw from the representation if the collaborative process fails.
(b) A disqualification prescribed by paragraph (a) is imputed to all lawyers in a law firm with which the lawyer disqualified by paragraph (a) is associated and may not be waived: nor may the disqualification of any lawyer be removed by screening.
(c) A lawyer otherwise disqualified by paragraphs (a) or (b) may represent a party before a tribunal:

(1) to comply, with the procedural rules of the tribunal as necessary to facilitate the collaborative process;
(2) to seek approval of an agreement resulting from the collaborative process; or
(3) to seek, or defend a petition for an emergency order to protect the health, safety, welfare, or interest of a party or person eligible for protection under applicable law.

Ill. Sup. Ct. R. 294

Adopted June 8, 2018, effective July 1, 2018.