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 South Carolina, 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. A party seeking to disqualify an attorney must meet a high burden of proof, demonstrating specific grounds for disqualification rather than relying on general allegations or the mere possibility of an ethical violation. South Carolina courts may refer to the state's Rules of Professional Conduct for guidance, but these rules are not automatically binding in disqualification matters. Instead, the courts will assess whether the attorney's behavior in the context of the case at hand warrants disqualification, ensuring that the decision is based on concrete evidence of a conflict or ethical breach that would prejudice the legal process or the interests of the parties involved.