A. Except as otherwise provided in subsection C of this section, a collaborative lawyer is disqualified from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
§ 3309.Disqualification of Collaborative Lawyer and Lawyers In Associated Law Firm
Chapter 41A: Structured Settlement Protection Act of 2001 · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceDisqualifies a collaborative lawyer, and generally every lawyer in that lawyer's firm, from representing a party in any litigation related to the collaborative matter, except to ask a tribunal to approve the resulting agreement or to seek an emergency order when no successor lawyer is immediately available.
Full Text of § 3309
B. Except as otherwise provided in subsection C of this section and Sections 10 and 11 of this act, 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 of this section.
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 a family or household member authorized to seek a protective order pursuant to the Protection from Domestic Abuse Act, if a successor lawyer is not immediately available to represent that person.
D. If paragraph 2 of subsection C of this section applies, a collaborative lawyer, or lawyer in a law firm with which the collaborative lawyer is associated, may represent a party or family or household member only until the person is represented by a successor lawyer or reasonable measures are taken to protect the health, safety, welfare, or interest of the person.
Amendment History
Added by Laws 2025, c. 226,s. 9, eff. 1/1/2026.
Plain-English Summary
This is the mechanism that gives collaborative law its bite. Once a party's collaborative lawyer has represented them in the process, that lawyer is disqualified from later appearing in court to represent the party in a related proceeding. Because the whole point is to remove the incentive to posture for trial, the disqualification generally spreads to every lawyer in that lawyer's firm too.
There are two narrow exceptions. A collaborative lawyer, or a firm lawyer, can still appear to ask a tribunal to approve an agreement the collaborative process produced, or to seek or defend an emergency order protecting a party's or family member's health, safety, welfare, or interest -- but only if no successor lawyer is immediately available, and only until one is found or reasonable protective measures are taken.
Frequently Asked Questions
If my collaborative lawyer's process breaks down, can they represent me in the resulting lawsuit?
No. Section 3309 disqualifies a collaborative lawyer from appearing before a tribunal to represent a party in a proceeding related to the collaborative matter.
Does disqualification spread to the rest of the law firm, or just my lawyer?
It generally spreads to the whole firm -- a lawyer in a firm with which the disqualified collaborative lawyer is associated is also disqualified, subject to limited exceptions.
Can my collaborative lawyer still show up in court for anything?
Yes, in two situations: to ask a tribunal to approve the agreement from the collaborative process, or to seek or defend an emergency order when no successor lawyer is immediately available.
How long does the emergency-order exception to disqualification last?
Only until the party or family member is represented by a successor lawyer, or until reasonable measures are taken to protect their health, safety, welfare, or interest.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: collaborative lawyer disqualification oklahomawhy collaborative lawyer can't represent you in court12 O.S. § 3309law firm disqualified collaborative law process