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 Massachusetts, the disqualification of an attorney due to a conflict of interest is considered a drastic measure and is not taken lightly by the courts. When a party seeks to disqualify an attorney, they must demonstrate a clear and specific basis for the disqualification, as general allegations of conflict or unethical behavior are insufficient. The burden of proof is high, and the party must show more than a mere possibility of a violation of ethical rules. Although the Massachusetts Rules of Professional Conduct provide standards for attorney behavior, they are not directly enforceable in disqualification proceedings. Instead, these rules serve as guidelines for the court when assessing whether an attorney's conduct warrants disqualification. The court will consider the potential for immediate harm, such as depriving a party of their chosen attorney and causing disruption to the proceedings, before deciding to disqualify an attorney.