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

In West Virginia, a motion to disqualify an attorney in civil litigation is a legal action that is filed by one of the parties in the lawsuit against the other party’s attorney. The motion is used to ask the court to disqualify the attorney from representing one of the parties in the lawsuit. The motion is usually based on conflicts of interest or a violation of the Rules of Professional Conduct by the attorney. Conflicts of interest may include a prior relationship between the attorney and either of the parties in the case, a personal financial benefit received by the attorney from one of the parties, or a close familiarity between the attorney and a key witness in the case. Violations of professional conduct may stem from a violation of attorney-client privilege or an ethics violation, such as an attorney having a personal interest in the outcome of the case. The motion to disqualify must include facts and evidence to support the claim that the attorney in question is associated with a party to the case or has a conflict of interest. The burden of proof is on the party filing the motion, and the court will determine whether or not the attorney should be disqualified from representing a party in the case. If the court denies the motion, the attorney is allowed to remain in the case and will continue to represent the party.

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