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 Maine, the disqualification of an attorney from representing a client due to conflicts of interest is considered a serious measure and is not taken lightly. The party seeking the disqualification of an attorney must meet a high burden of proof, demonstrating with specificity why disqualification is warranted. General allegations of conflict or unethical behavior, or evidence that only suggests a remote possibility of a violation of ethical rules, are insufficient grounds for disqualification. While the Maine 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 they assess whether an attorney's conduct is egregious enough to warrant removal from a case. The courts aim to balance the need to maintain ethical standards with the potential harm to a party that could result from losing their chosen attorney and the potential disruption to the judicial process.