Three Key Things To Consider On Motions To Disqualify

While some motions to disqualify are nothing more than a litigation tactic, others raise legitimate questions regarding the ethical obligations owed by the attorney and her or his law firm to former clients.

Motions to disqualify can have the effect of distracting attorneys from their full devotion to their client's claims or defenses. Attorneys can then find themselves in the uncomfortable position of defending their own conduct to their clients and to the court. Motions to disqualify are commonplace in litigation and can be well-publicized.

For example, in a recent decision in Zelda Enterprises, LLLP v. Guarino, the Georgia Court of Appeals considered the appeal of a trial court's decision to disqualify an attorney. The trial court had found that there was a conflict of interest barring the representation because the attorney had previously represented the opposing party in connection with another matter. Ultimately, the court declined to address the merits of