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 North Carolina, the disqualification of an attorney from representing a client due to conflicts of interest is considered a drastic measure and is not taken lightly by the courts. 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 are insufficient. Instead, there must be clear evidence of a significant risk of a breach of the North Carolina Rules of Professional Conduct, which serve as guidelines for ethical attorney behavior. Courts will closely scrutinize the evidence presented to ensure that the drastic step of disqualification is justified, balancing the need to maintain ethical standards with the right of a party to choose their own attorney and the potential disruption to legal proceedings.