What is a motion to disqualify counsel in an insurance litigation case?
A motion to disqualify counsel in an insurance litigation case is a legal request to have the current lawyer in the insurance case removed and a new lawyer assigned. This is typically requested when a conflict of interest arises between the lawyer and the insurance company or the insurance litigation case. In Texas, this motion must be filed with the court in the same county in which the lawsuit was filed. The motion to disqualify counsel explains the reason why the current lawyer is unable to continue in the insurance litigation case. This could include a conflict of interest due to another lawyer in the case having the same client or there being a risk of confidential information being disclosed. The motion should state the facts that support the motion and how the conflict of interest affects the case. The court will then consider the motion and determine whether or not to disqualify the lawyer. If the motion is granted, the court will appoint a new lawyer to take over the case. The new lawyer will receive the same information as the previous lawyer and will be responsible for representing the insurance company’s interests in the litigation. The ability to disqualify a lawyer from an insurance litigation case is an important tool for the court to ensure fairness in the legal process. This is to ensure that any conflict of interest between the lawyer and the insurance company does not lead to an unfavorable outcome for the insurance company.
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