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HRS §658G-9

When collaborative lawyers cannot appear in court

Read the official text at capitol.hawaii.gov ↗

This section says that a collaborative lawyer and their law firm cannot represent someone in court for the same family matter, with two exceptions. They can ask the court to approve a settlement, or handle an emergency to protect someone's safety if no other lawyer is ready. Once a new lawyer takes over or safety is secured, the ban applies again.

attorneyschildrencourtsdomestic partnersguardiansparentsspouses

The statute, as written — - 9] Disqualification of collaborative lawyer and lawyers in associated law firm

A copy, taken August 20, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.

(a) Except as otherwise provided in subsection (c), a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter. (b) Except as otherwise provided in subsection (c) and sections 658G-10 and 658G-11, 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 matter if the collaborative lawyer is disqualified from doing so under subsection (a). (c) A collaborative lawyer or a lawyer in a law firm with which the collaborative lawyer is associated may represent a party: (1) To ask a tribunal to approve an agreement resulting from the collaborative law process; or (2) To seek or defend an emergency order to protect the health, safety, welfare, or interest of a party, or family or household member as defined in section 586-1 if a successor lawyer is not immediately available to represent that person. In that event, subsections (a) and (b) apply when the party, or family or household member is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of that person.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§586-1 Definitions for domestic abuse protection

§658G-10 When a low-income party can still get help from a lawyer's firm

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.