What are the major reasons for disqualification motions filed against attorneys?
There is an interesting article about disqualification in the Georgetown Journal of Legal Ethics titled “The Practice and Theory of Lawyer Disqualification,” written by Keith Swisher in the 2014 winter volume. Swisher lists 10 areas that are frequently used as a basis for disqualification. These include the classic concurrent conflict, which is written in Rule of Professional Conduct 1.7, where a lawyer’s interest or a lawyer’s other clients’ interests are adverse to the client. The other areas include: personal interest conflicts; former client conflicts, which would be a Rule 1.9 issue; a lawyer as a potential witness; receipt of confidential or privileged information; violation of the no-contact rule with someone represented by counsel, which is Rule 4.2; misconduct by a lawyer with a witness; other forms of general misconduct; imputation, where the firm is disqualified due to the conduct of a lawyer; and the appearance of impropriety.
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