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 New Hampshire, the process of attorney disqualification typically arises when there is a conflict of interest that could affect the attorney's ability to represent a client impartially. The threshold for disqualifying an attorney is high, as it is considered a drastic measure that can deprive a litigant of their chosen legal representation and disrupt legal proceedings. A party seeking to disqualify an attorney must provide specific evidence that demonstrates the necessity for disqualification. General allegations of conflict or unethical behavior, or evidence that suggests only a remote possibility of a violation of ethical rules, are insufficient. While the New Hampshire 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 warrants disqualification. The courts will carefully scrutinize the evidence presented to ensure that the call for disqualification is justified and that the integrity of the legal process is maintained.