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 Alabama, the process of attorney disqualification due to conflicts of interest is taken very seriously due to its significant implications. A party seeking to disqualify an attorney must meet a high burden of proof, demonstrating with specificity why disqualification is warranted. General allegations of conflict or unethical behavior, or evidence that suggests only a remote possibility of a violation of ethical rules, are insufficient grounds for disqualification. Although the Alabama Rules of Professional Conduct provide standards for attorney behavior, they are not directly enforceable in disqualification proceedings. However, these rules serve as important guidelines for courts when they assess whether an attorney's conduct justifies disqualification. The courts will carefully scrutinize the evidence presented to ensure that the drastic measure of disqualification is truly necessary to preserve the integrity of the legal process and protect the interests of the parties involved.