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 Maryland, the disqualification of an attorney due to conflicts 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. General allegations of conflict or unethical behavior, or evidence that suggests only a remote possibility of a violation of ethical rules, are insufficient to meet the high burden of proof required. Maryland courts will refer to the Maryland Lawyers' Rules of Professional Conduct for guidance, but these rules are not directly enforceable in disqualification proceedings. Instead, they serve as a benchmark to assess whether an attorney's behavior is egregious enough to warrant removal from a case. The courts balance the need to uphold ethical standards against the potential harm to the client from losing their chosen attorney and the disruption of legal proceedings.