(a) Except as provided in paragraph (c), a lawyer serving or who has served as a collaborative process lawyer, as defined in the Collaborative Process Act (750 ILCS 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.
Rule 294.Disqualification of Lawyer Serving in Collaborative Process and Lawyers in Associated Law Firm.
Article II. Rules on Civil Proceedings in the Trial Court · Part K. Miscellaneous · Last amended 2018 · Last verified July 20, 2026
In one sentenceRule 294 disqualifies a lawyer who served as a collaborative-process lawyer — and every lawyer in that lawyer’s firm — from later representing a client in court on the same matter once the collaboration ends.
Full Text of Ill. S. Ct. R. 294
(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.
Plain-English Summary
Collaborative law lets parties and their lawyers work out a matter without the threat of litigation hanging over the table. Rule 294 protects that arrangement by barring the collaborative-process lawyer from switching hats and becoming courtroom counsel if the process falls apart — and by extension, the lawyer must withdraw once the collaborative process fails.
That disqualification isn’t limited to the individual lawyer. It spreads to every lawyer in the same firm, and it can’t be waived by the client or cured by walling the disqualified lawyer off from the case.
The rule leaves room for a few narrow exceptions: appearing before a tribunal to comply with procedural rules that keep the collaborative process moving, seeking court approval of an agreement the process produced, or seeking or defending an emergency order to protect someone’s health, safety, or welfare.
Frequently Asked Questions
What is a collaborative process lawyer?
A lawyer retained under the Collaborative Process Act to help resolve a matter without going to court.
Can that lawyer represent the client at trial if the collaboration fails?
No, and neither can anyone else at that lawyer’s firm.
Can the client waive this disqualification?
No — the rule says it can’t be waived, and screening the lawyer off doesn’t remove it either.
Are there any exceptions to the disqualification?
Yes — appearing to support the collaborative process itself, to approve a resulting agreement, or to seek emergency protective relief.
Why disqualify the whole firm rather than just the individual lawyer?
To remove any incentive for the firm to steer a failed collaboration toward litigation it could then handle.
Amendment History
Adopted June 8, 2018, eff. July 1, 2018.
Source & verification. Rule text, official Committee Comments, and
amendment history are reproduced verbatim from the Illinois Supreme Court Rules,
promulgated by the Supreme Court of Illinois. Last verified July 20, 2026.
· Official source
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