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 Georgia, attorney disqualification typically arises when there is a conflict of interest that could affect the attorney's ability to represent a client with undivided loyalty. The party seeking disqualification must meet a high burden of proof, demonstrating specific reasons for the disqualification rather than just general allegations of conflict or unethical behavior. The evidence must show more than a mere possibility of a violation of ethical rules. Georgia courts may refer to the state's Rules of Professional Conduct as guidelines when considering disqualification issues, but these rules are not directly enforceable in court for the purpose of disqualification. Instead, the court will make an independent determination based on the facts of the case to decide whether an attorney's continued representation would be detrimental to the judicial process or the interests of the parties involved.