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 Connecticut, 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. To successfully request an attorney's disqualification, the burden of proof is high. The party seeking disqualification must provide specific evidence of the conflict of interest or unethical behavior, rather than just general allegations or evidence that suggests only a remote possibility of a violation. While the Connecticut Rules of Professional Conduct provide standards for ethical 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 warrants disqualification. The courts will carefully scrutinize the situation to ensure that the call for disqualification is justified and necessary to maintain the integrity of the legal process.