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 Mexico, the disqualification of an attorney due to conflicts of interest is considered a serious measure, as it can deprive a litigant of their chosen legal representation and disrupt legal proceedings. To disqualify an attorney, the party requesting the disqualification must meet a high burden of proof. This means that they must provide specific evidence of the conflict of interest or unethical behavior, rather than just general allegations or evidence that suggests only a remote possibility of a violation. New Mexico courts may refer to the state's disciplinary rules of ethical conduct for guidance when determining whether an attorney's conduct warrants disqualification. However, these rules are not necessarily binding in disqualification matters. Instead, they serve as a framework to assess the attorney's actions and the potential impact on the integrity of the legal process.