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HRS §658G-9

When collaborative lawyers cannot appear in court

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) 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.