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 Arkansas, the disqualification of an attorney from representing a client due to conflicts of interest is considered a drastic measure, as it can deprive a party of their chosen legal representation and disrupt legal proceedings. The party seeking the disqualification bears a significant burden of proof and must provide specific evidence to justify the disqualification. General allegations of conflict or unethical behavior, or evidence that only suggests a remote possibility of a violation of ethical rules, are insufficient grounds for disqualification. While the Arkansas 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 assessing whether an attorney's conduct warrants disqualification. The courts will closely scrutinize the circumstances of each case to determine if there is a substantial reason that would necessitate the removal of an attorney from a case to preserve the integrity of the legal process and the interests of the parties involved.