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

A motion to disqualify an attorney in civil litigation is a legal request from one of the parties in the case to disqualify or remove an attorney from a case. The reason typically given for the motion is a conflict of interest on the part of the attorney. This conflict of interest may be due to a current or past professional or personal relationship with one of the parties in the litigation, or if the attorney has access to confidential information about the case from a previous client. In South Carolina, motions to disqualify an attorney must be filed with the court by the party making the motion. The motion must state the reasons for the disqualification and any other relevant information that would support the motion. The motion must then be served on the attorney involved in the case, as well as all other parties. Once the motion is received by all parties, the court will generally hold a hearing to determine if a conflict of interest exists. If a conflict is found, the court may grant the motion and the attorney will no longer be allowed to represent the party in the civil litigation. The disqualification may even extend to the entire firm if the conflict involves a number of attorneys.

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