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

A motion to disqualify an attorney in civil litigation is a legal request to the court to remove a lawyer from a case. This occurs when there is a conflict of interest or a breach of trust between the attorney and the client. In New Mexico, an opposing party in a civil case can file a motion to disqualify an attorney if they believe the attorney has a conflict of interest. When a motion to disqualify an attorney is filed, the court will decide whether the attorney should be removed from the case. The court must consider whether the lawyer has a professional obligation to the client, and whether it could be detrimental to the client if the attorney were to remain. The court may require the attorney to withdraw from the case if it finds in favor of the motion. The filing of a motion to disqualify an attorney can delay the proceedings of the case, so it is preferable to reach an agreement outside of court rather than risk the court’s decision. If the court does grant the motion, the client may need to hire a new lawyer, which can increase the cost of the litigation. When an attorney is disqualified from a case in New Mexico, they are prohibited from having any contact with the client related to the case. This prevents the attorney from influencing the client’s decision and ensures that the client’s interests are not compromised.

Related FAQs

What is a motion for a protective order in civil litigation?
What is the process of class action civil litigation?
What is the difference between trial and appellate court in civil litigation?
What is civil litigation law?
How does the appeals process work in civil litigation?
What is the enforceability of a settlement agreement in civil litigation?
Who represents the parties in civil litigation?
What are the differences between a complaint and a counterclaim in civil litigation?
What are the rules of evidence in civil litigation?
What is the doctrine of laches in civil litigation?

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

Related FAQs

Related Blog Posts