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 Virginia, attorney disqualification is considered a serious measure due to its potential to cause significant harm by removing a party's chosen legal representation and disrupting legal proceedings. For an attorney to be disqualified, the party requesting the disqualification must meet a high burden of proof. This involves providing specific evidence that demonstrates the necessity for disqualification, rather than just making general allegations of conflict of interest or unethical behavior. The possibility of a violation of the Virginia State Bar's Rules of Professional Conduct alone is not enough to warrant disqualification. Although these disciplinary rules are not directly enforceable in disqualification proceedings, Virginia courts use them as guidelines to assess whether an attorney's behavior is sufficiently problematic to justify disqualification. The courts will consider the facts of each case to determine if there is a significant risk of conflict or breach of ethical duties that would impair the attorney's ability to represent their client effectively and ethically.