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 Mississippi, the process of attorney disqualification due to conflicts of interest is treated with considerable seriousness due to its significant implications. When a party seeks to disqualify an attorney, they face a substantial burden of proof. The party must specifically demonstrate the basis for disqualification, showing more than just general allegations of conflict or unethical behavior. The evidence must indicate more than a mere possibility of a violation of ethical standards. Mississippi courts, while not strictly bound by the state's disciplinary rules of ethical conduct, use these rules as guidelines to assess whether an attorney's behavior warrants disqualification. The courts aim to balance the need to maintain ethical standards with the potential disruption and harm caused by removing a party's chosen attorney. Therefore, the threshold for disqualification is high, ensuring that such a measure is only taken when absolutely necessary and justified by clear and convincing evidence.