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 Wyoming, the process of attorney disqualification is taken very seriously due to its significant impact on a party's right to chosen counsel and the potential disruption to court proceedings. A party seeking to disqualify an attorney must meet a high burden of proof, demonstrating with specificity why disqualification is warranted. General allegations of conflict of interest or unethical behavior are insufficient. Instead, there must be clear evidence of a significant risk of a breach of the state's ethical rules. While Wyoming's disciplinary rules for attorneys are not directly enforceable in disqualification proceedings, they serve as important guidelines for courts when assessing whether an attorney's behavior justifies disqualification. The courts will carefully scrutinize the evidence presented to ensure that the drastic measure of disqualification is truly necessary to uphold the integrity of the legal process.