An attorney may be legally disqualified from representing a person or entity—often due to a conflict of interest. Attorney disqualification is a severe remedy, and has the potential to cause immediate harm by depriving a party of its chosen counsel, and disrupting court proceedings. Thus, a party requesting disqualification of an attorney generally has a high burden of proof, and must establish with specificity the basis for disqualification.

To meet this burden, mere allegations of a general conflict of interest, or of unethical conduct or evidence showing a remote possibility of a violation of the state’s disciplinary rules of ethical conduct will not suffice. While the state’s disciplinary rules are often not binding in such matters, courts look to them as guidelines in determining whether an attorney’s conduct requires disqualification.

In Florida, the disqualification of an attorney from representing a client due to conflicts of interest is considered a drastic measure and is not taken lightly by the courts. The party seeking the disqualification of an opposing party's attorney must meet a high burden of proof. This means that they must provide specific and convincing evidence that there is a significant conflict of interest or that the attorney's conduct is so problematic that it necessitates disqualification. General allegations or suspicions of unethical behavior are not enough. The courts may refer to the Florida Bar's Rules of Professional Conduct for guidance, but these rules are not directly enforceable in disqualification proceedings. Instead, they serve as a benchmark to assess the attorney's behavior. The ultimate decision to disqualify an attorney rests with the court, which must balance the need to maintain ethical standards against the potential harm to the party who would lose their chosen legal representation.