Also known as: disqualification rule · disqualifying rules · disqualification · disqualifications
Written by attorneys · grounded in primary & secondary sources — see below
Rules that prohibit a lawyer, judge, or other participant from involvement in a legal proceeding because of conflicts of interest, prior government service, campaign relationships, or other specified grounds. The rules allocate burdens, permit waivers under stated conditions, and distinguish between personal disqualification and imputed disqualification to a firm.
Dynamic Solutions hires Dover Bank as new counsel in a contract dispute. A lawyer who recently joined Dover Bank previously represented Dynamic Solutions in a substantially related matter and possesses material confidential information. Dynamic Solutions, after full disclosure, provides written consent to Dover Bank's continued representation under the conditions of Rule 1.7.
Damian Decker retained his chosen counsel for a criminal trial. The trial court erroneously disqualified that counsel on conflict grounds. On appeal the reviewing court holds the error structural, reverses the conviction automatically, and orders a new trial without requiring Decker to demonstrate prejudice.
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Delilah Duran, formerly an IRS attorney, joins Delta Dynamics. The firm is asked to represent a taxpayer in a matter Duran supervised while at the IRS. The court applies the government-lawyer disqualification provisions rather than the general imputed-disqualification rule to determine whether screening or consent can cure the conflict.
Darius Dixon, a former SEC supervisor who oversaw an enforcement action, joins Dakota Industries. The firm screens Dixon from the same matter now pending in private litigation, obtains government consent, and demonstrates that disqualification would harm both the client and public enforcement interests. The court permits the firm to continue representation.
Judge Dolores Diaz's former campaign treasurer appears as counsel for one party in a civil case. Because the treasurer held a central campaign role, the judge is automatically disqualified. A reasonable observer would question impartiality. An ordinary campaign contributor appearing as counsel would not trigger the same automatic result.
A client may waive disqualification when the affected client gives informed consent confirmed in writing and the conditions of Rule 1.7 are satisfied.
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Disqualification of lawyers associated with former or current government lawyers is governed by Rule 1.11 rather than the general imputed-disqualification provisions.
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Erroneous disqualification of retained counsel at trial is structural error that requires automatic reversal without any showing of specific prejudice.
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The firm may avoid disqualification when appropriate screening measures are implemented, the government consents, and the balance of public enforcement interests and client hardship favors continued representation.
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A judge is automatically disqualified when a campaign manager, treasurer, or similarly central campaign official appears as a party or counsel because the relationship is so close that a reasonable person would question impartiality.
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