An attorney may be legally disqualified from representing a person or entity—often due to a conflict of interest. Attorney disqualification is a severe remedy, and has the potential to cause immediate harm by depriving a party of its chosen counsel, and disrupting court proceedings. Thus, a party requesting disqualification of an attorney generally has a high burden of proof, and must establish with specificity the basis for disqualification.
To meet this burden, mere allegations of a general conflict of interest, or of unethical conduct or evidence showing a remote possibility of a violation of the state’s disciplinary rules of ethical conduct will not suffice. While the state’s disciplinary rules are often not binding in such matters, courts look to them as guidelines in determining whether an attorney’s conduct requires disqualification.
In Texas, attorney disqualification is considered a serious measure due to its potential to deprive a party of their chosen counsel and disrupt legal proceedings. To disqualify an attorney, the requesting party must meet a high burden of proof, demonstrating with specificity the reasons for disqualification. General allegations of conflict of interest or unethical behavior, or evidence that only suggests a remote possibility of a violation of ethical rules, are insufficient grounds for disqualification. While the Texas Disciplinary Rules of Professional Conduct are not directly enforceable in disqualification proceedings, they serve as important guidelines for courts when assessing whether an attorney's behavior warrants disqualification. Courts will carefully scrutinize the evidence and circumstances to ensure that disqualification is justified and necessary to maintain the integrity of the legal process.
