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 York, attorney disqualification typically arises when there is a conflict of interest that could affect the attorney's ability to represent a client with undivided loyalty. The standard for disqualifying an attorney is high, as it is considered a drastic measure that can harm the client by removing their chosen legal representation and can disrupt legal proceedings. A party seeking to disqualify an attorney must provide specific evidence of the conflict or unethical behavior, rather than just allegations or the possibility of a violation. New York courts may refer to the New York Rules of Professional Conduct for guidance on ethical standards, but these rules are not directly enforceable in disqualification proceedings. Instead, they serve as a benchmark to assess whether an attorney's behavior warrants disqualification. The burden of proof is on the party requesting disqualification to demonstrate that the attorney's continued representation would be detrimental to the integrity of the legal process.