A motion to disqualify is a legal tactic used to request the removal of a judge, attorney, or other participant in a case due to potential conflicts of interest, bias, or other ethical concerns. By seeking to disqualify an involved party, the motion aims to ensure a fair and impartial legal process. Understanding this motion is essential for comprehending the complex dynamics of legal proceedings and the strategies employed by counsel to protect their clients' interests.
Only a party who has (or has had) a fiduciary relationship with a lawyer has standing to disqualify the lawyer. (Great Lakes Construction, Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1355.) Some cases hold that the complaining party must prove a present or past attorney-client relationship with the attorney who is the target of the motion. (Earl Scheib, Inc. v. Super. Ct. (1967) 253 Cal.App.2d 703, 707.) “Standing generally requires that the plaintiff be able to allege injury, that is, an invasion…”
“It is well settled that disqualification of a party's chosen counsel is: (1) a harsh and drastic remedy, (2) should be resorted to sparingly, and (3) must find its basis in counsel's violation of some rule of law or breach of the Code of Professional Responsibility resulting in an unfair advantage.” (Kusch v. Ballard (1994) 645 So.2d…)
“A party’s entitlement to be represented in ongoing litigation by counsel of [its] own choosing is a valued right.” (Town of Oyster Bay v. 55 Motor Ave. Co., LLC, 109 A.D.3d 549, 550 [2nd Dept. 2013].) However, that right “will not supersede a clear showing that disqualification is warranted.” (Gjoni v. Swan Club, Inc., 134 A.D.3d 896, 897 [2nd Dept. 2015].) The New York Rules of Professional Conduct confer “standing on any attorney to challenge a lawyer’s representation of a client.” (Lane Apartments Inc. v. Green, 21 Misc. 3d…)
The severity of the remedy requested requires the movant to establish a preponderance of the facts indicating a substantial relation between the two representations. (NCNB Tex. Nat'l Bank, supra at 400.) The moving party must prove the existence of a prior attorney-client relationship in which the factual matters involved were so related to the facts in the pending litigation that it…
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