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 Oklahoma, the disqualification of an attorney from representing a client due to conflicts of interest is considered a drastic measure, reflecting its potential to cause significant disruption to the client and the legal process. The party seeking the disqualification of an opposing attorney must meet a high burden of proof, demonstrating specific reasons for the disqualification. General allegations of conflict or unethical behavior, or evidence that only suggests a remote possibility of a breach of ethical rules, are insufficient grounds for disqualification. While Oklahoma's 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 assessing whether an attorney's actions warrant disqualification. The courts will carefully scrutinize the evidence and circumstances to ensure that the call for disqualification is justified and necessary to maintain the integrity of the legal process.