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 California, the disqualification of an attorney due to conflicts of interest is considered a drastic measure because it can significantly impact the involved parties by removing their chosen legal representation and potentially disrupting legal proceedings. As such, the burden of proof for the party seeking disqualification is high. They must provide specific and convincing evidence of the conflict of interest. General allegations or suggestions of unethical behavior are insufficient to meet this burden. While California's 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 actions warrant disqualification. The courts will closely scrutinize the situation to ensure that the attorney's continued involvement would significantly impair the integrity of the proceedings before deciding to disqualify the attorney.