By far the majority of successful motions to disqualify are brought on the basis of a conflict of interest with a former or concurrent client or imputation, but attorneys should also be aware that successful motions to disqualify have been brought on the following bases, among others: (1) lawyer as witness, (2) …
What constitutes a conflict of interest for an attorney?
 Even where there is no direct adverseness, a conflict of interest exists if there is a significant risk that a lawyer’s ability to consider, recommend or carry out an appropriate course of action for the client will be materially limited as a result of the lawyer’s other responsibilities or interests.
What is motion to disqualify?
A motion to recuse is a legal motion filed in court that says a judge should be disqualified, or removed, from a legal case for a reason listed within CCP 170.1. The motion can be brought by either a prosecutor or a defense attorney. And, a motion to recuse can be filed in either a civil suit or in a criminal trial.
What does it mean to disqualify a lawyer?
Disqualification is vicarious when a court disqualifies a lawyer be- cause he or she was a member of a firm that previously represented the. adverse party or when a court disqualifies a firm because one of its. members previously represented the adverse party.
What is a conflict motion?
A Marsden motion is the only means by which a criminal defendant can fire a court-appointed attorney or communicate directly with a judge in a California state court. It is based on a defendant’s claim that the attorney is providing ineffective assistance or has a conflict with the defendant.
What are some examples of conflicts of interest?
Examples of Conflicts of Interest At Work
- Hiring an unqualified relative to provide services your company needs.
- Starting a company that provides services similar to your full-time employer.
- Failing to disclose that you’re related to a job candidate the company is considering hiring.
Is it possible or ethical for a lawyer to represent both parties at the closing?
“Even if the parties agree on the terms of the sale, and have already executed the sales contract, we believe that it is highly unlikely that a lawyer could properly represent both the buyer and seller in concluding the transaction.
When should a lawyer recuse himself?
Alternatively, if the judge or prosecutor has a personal relationship to either the defendant or their lawyer, they cannot be expected to be fair, it doesn’t matter if this means the defendant is a loved one or a neighbor the judge or prosecutor sued in the past, if the two have a relationship beyond a simple …
What does a formal request for legal disqualification mean?
A disqualification undertaking is where a director, having received notice from the Insolvency Service that they intend to start the disqualification process, voluntarily disqualifies him/herself, in order to end court action.
How can you disqualify you from a lawyer?
The basis for a motion to disqualify opposing counsel is generally that a conflict of interest exists because that attorney has previously represented the client, and as a result of that representation gained confidential information which could be used to harm the former client’s interests in the case.
How do you stop a lawyer from harassing you?
Harassment Outside Active Case
If the contact is unprofessional, lewd, or otherwise clearly harassing, you should seek to document the matter. Lawyers can be disciplined by their state licensing associations for unprofessional conduct, and all will generally accept complaints from the public about individual lawyers.
Can a judge disqualify a lawyer?
“A trial court’s authority to disqualify an attorney derives from the power inherent in every court ‘[t]o control in furtherance of justice, the conduct of its ministerial officers, and of all other persons in any manner connected with a judicial proceeding before it, in every matter pertaining thereto.