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 Colorado, attorney disqualification typically arises when there is a conflict of interest that could affect the attorney's ability to represent a client impartially. The party seeking disqualification must meet a high burden of proof, demonstrating specific reasons for the disqualification rather than just general allegations of conflict or unethical behavior. The Colorado Rules of Professional Conduct provide guidance on conflicts of interest and other ethical considerations, but they are not directly enforceable in disqualification proceedings. Instead, Colorado courts use these rules as guidelines to assess whether an attorney's conduct warrants disqualification. The courts are cautious in granting disqualification because of the significant impact it can have on the party's right to chosen counsel and on the judicial process. Therefore, evidence must show more than a mere possibility of an ethical violation; it must clearly establish that the attorney's continued representation would be untenable or would undermine the integrity of the proceedings.