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 Rhode Island, the disqualification of an attorney due to conflicts of interest is considered a drastic measure due to its significant impact on the client's right to chosen counsel and the potential disruption of legal proceedings. The party seeking the disqualification bears a high burden of proof and must provide specific evidence of the conflict. General allegations or insinuations of unethical behavior are insufficient for disqualification. Although the Rhode Island 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 court will closely scrutinize the situation to ensure that the attorney's continued representation would significantly risk compromising the integrity of the legal process before deciding to disqualify the attorney.