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RULE 17-506. SCOPE OF REPRESENTATION

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 17. Alternative Dispute Resolution
Chapter 500. Collaborative Law Process
MD Rules, Rule 17-506
RULE 17-506. SCOPE OF REPRESENTATION
(a) Definitions. In this Rule, “firm” and “screened” have the meanings stated in Rule 19-301.0 of the Maryland Attorneys' Rules of Professional Conduct.
(b) Generally. Except as otherwise provided in section (c) of this Rule:
(1) a collaborative attorney who represents a client in a collaborative law process pursuant to a collaborative law participation agreement may not represent a party in a proceeding related to the collaborative matter, notwithstanding any subsequent agreement between the client and the attorney; and
(2) an attorney associated with a firm with which the collaborative attorney is associated may not appear before a tribunal to represent a party in a proceeding related to the collaborative matter if the collaborative attorney is prohibited from doing so under this section.
(c) Exceptions.
(1) If the collaborative attorney is associated with a firm that is (A) a legal services organization providing legal services to indigent individuals or (B) the legal department of a government, another attorney in the firm may represent the collaborative attorney's client in a proceeding, provided that the collaborative attorney is timely screened from participation in the subsequent representative and full disclosure of this exception is made and acknowledged in the collaborative law participation agreement.
Cross reference: See Rule 17-503(b).
(2) A collaborative attorney may represent a party in connection with the filing of a stipulation, consent judgment, or request for court action to implement an agreement resolving a collaborative matter.
Cross reference: See Rule 17-505(a) and (b)(2).
Source: This Rule is new.

Credits

[Adopted March 2, 2015, eff. July 1, 2015. Amended June 6, 2016, eff. July 1, 2016.]
MD Rules, Rule 17-506, MD R ADR Rule 17-506
Current with amendments received through December 1, 2022. Some sections may be more current, see credits for details.
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