What is a motion to disqualify counsel in an insurance litigation case?

A motion to disqualify counsel in an insurance litigation case is a request to the court asking that a specific attorney or firm be prohibited from participating in a lawsuit. This usually happens when there is a conflict of interest between the attorney and one of the parties involved in the lawsuit. For example, if an attorney has previously represented one of the parties in the case, they may be disqualified from representing the other party to avoid any bias or influence due to their prior relationship. Additionally, if the attorney represents other clients who may be affected by the outcome of the lawsuit, they may be disqualified to avoid any potential conflicts of interest. Another reason a motion to disqualify counsel might be made is if the attorney is a witness to events related to the case. In this situation, the attorney cannot serve as an advocate and be a witness in the same lawsuit. In New York, motions to disqualify counsel must be made within a certain time period and supported by evidence. Additionally, since disqualification could impact the attorney’s livelihood, courts use a stringent standard when weighing such motions.

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What is a motion to disqualify counsel in an insurance litigation case?

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