Motion to Disqualify Counsel

For members only – because members know for sure this is the right move. Not a member? Join for $15/mo.

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• WHAT IS A MOTION TO DISQUALIFY COUNSEL? A motion to disqualify counsel is a request made by a party to the court to remove the opposing party’s attorney from the case, usually based on a conflict of interest or another ethical violation. (NOTE: Ethical violations are determined by the rules of professional conduct for lawyers. Treating an opposing party unfairly or mischaracterizing facts are not necessarily ethical violations.)
• WHY WOULD I NEED A MOTION TO DISQUALIFY COUNSEL? You would need a motion to disqualify counsel if you believe that the opposing party’s attorney has a conflict of interest that makes it impossible for them to represent their client fairly, or if they have engaged in unethical conduct that undermines the integrity of the legal process.
• WHEN WOULD I NEED A MOTION TO DISQUALIFY COUNSEL? You would need a motion to disqualify counsel at any stage of the litigation, but usually before trial, when you become aware of the conflict of interest or unethical conduct.
• HOW WOULD I USE A MOTION TO DISQUALIFY COUNSEL? You would use a motion to disqualify counsel to request that the court remove the opposing party’s attorney from the case. The motion should include a description of the conflict of interest or unethical conduct, any relevant case law, and any supporting evidence or legal arguments.
• WHAT’S THE PROCESS? We’ll guide you through the process of completing a motion to disqualify counsel that sets out your request. In the end, you will download a properly formatted motion to disqualify counsel to file with the court.

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Journey Route

On your way to the perfect motion to disqualify counsel, you will pass the following milestones:

1. Awareness – Understand the rules, requirements, and factors for success of a motion to disqualify counsel.
2. Authority – Find case law and other legal support for your motion to disqualify counsel.
3. Assembly – Generate your motion to disqualify counsel using the rules, case law, and other case information.

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