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 Michigan, attorney disqualification is considered a serious measure due to its potential to deprive a party of their chosen legal representation and disrupt legal proceedings. A party seeking to disqualify an attorney must meet a high burden of proof, demonstrating with specificity why disqualification is warranted. General allegations of conflict of interest or unethical behavior, or evidence that only suggests a remote possibility of a violation of ethical rules, are insufficient grounds for disqualification. While Michigan's 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 assessing whether an attorney's conduct necessitates disqualification. The courts will closely scrutinize the evidence and circumstances to ensure that the call for disqualification is justified and that it is necessary to maintain the integrity of the legal process.