What is a motion to disqualify an attorney in civil litigation?

A motion to disqualify an attorney in civil litigation is a request to the court to prevent the attorney from representing their client because of a conflict of interest. The motion is usually filed by one party in the case, asking the court to disqualify the other party’s attorney. In Alabama, motions to disqualify attorneys may be based on any of several grounds. These grounds may include a violation of the professional ethical duties of the attorney or criminal statutes, the failure of the attorney to disclose a conflict of interest, or situations in which the attorney has obtained confidential information from the other party through the attorney-client relationship. If the court finds that an attorney is disqualified, the attorney must be removed from the case. The disqualified attorney may not be allowed to represent their client, or may be allowed with certain restrictions. The court may also issue an order that allows the disqualified attorney to make replacements or give the opposing party time to consider whether or not to accept a new attorney. In addition, the court may order the attorney to return all documents and/or materials they obtained from the opposing party during the course of their attorney-client relationship. Finally, the court may order the attorney to pay the costs and expenses of the motion.

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What is a motion to disqualify an attorney in civil litigation?

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