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 Nebraska, the disqualification of an attorney from representing a client due to conflicts of interest is considered a drastic measure, and the courts approach it with caution to avoid unnecessary harm to the parties involved. When a party seeks to disqualify an attorney, they face a significant burden of proof and must provide specific evidence to justify the disqualification. 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. Nebraska courts may refer to the Nebraska 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 overarching goal is to balance the need to maintain ethical standards within the legal profession against the right of a party to be represented by the attorney of their choice.