Attorneys and their law firms may be disqualified from representing a client in a certain matter for a number of reasons. One of the most common reasons for an attorney’s disqualification is that the attorney previously represented another party (a former client) involved in a current dispute (and to whom the attorney’s current client is now adverse) on a matter that is substantially related to the current dispute.

For example, an attorney who represented one of the spouses in a divorce case would be disqualified from representing the other spouse in a subsequent motion to modify the divorce decree. And all the lawyers in a law firm may be disqualified from a case if one of the firm’s lawyers (or their former law firms) previously represented a party who is adverse to the new firm’s client on a substantially related matter. The same or similar rules may apply to paralegals.

A lawyer may also be disqualified from a new representation by the representation of a current client—if, for example, the new matter is substantially related and directly adverse to the interests of a current client of the lawyer or law firm; or (2) reasonably appears to be or become adversely limited by the lawyer’s or law firm’s responsibilities to another client; or to a third person; or by the lawyer’s or law firm’s own interests.

Disqualification of attorneys and motions to disqualify attorneys are usually grounded in professional ethics and the sanctity of client confidences—communications and information protected by the attorney-client privilege. A state’s rules of professional conduct or rules of disciplinary conduct will often be relevant to a motion to disqualify an attorney, but courts often treat these standards as guidelines and not as controlling standards for disqualification of attorneys.

Rules regarding the disqualification of attorneys vary from state to state and are often located in a state’s rules or code of civil procedure; court opinions (common law or case law); and statutes.

In North Carolina, attorneys and their law firms may be disqualified from representing a client for several reasons, including conflicts of interest arising from previous representations. If an attorney has previously represented a party on a matter that is substantially related to a current dispute, and the current representation is adverse to the former client, disqualification is likely. This extends to law firms as a whole if any lawyer within the firm has a conflict of interest due to prior representation. Additionally, a lawyer may be disqualified if the new representation conflicts with the interests of a current client, or if the lawyer's responsibilities to another client or their own interests adversely limit the representation. The North Carolina Rules of Professional Conduct guide these decisions, emphasizing the protection of client confidences and the attorney-client privilege. While these rules provide a framework, the ultimate decision on disqualification often rests with the courts, which may consider these rules as guidelines rather than strict standards. Disqualification motions are typically based on ethical considerations and are addressed through the state's legal procedures, which may include reference to case law and statutes.