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 Kentucky, the disqualification of an attorney from representing a client due to conflicts of interest is considered a drastic measure, given its potential to cause significant disruption to both the client and the legal process. Kentucky courts require a high standard of proof for disqualification motions. A party seeking to disqualify an attorney must demonstrate specific and compelling evidence of a conflict of interest or unethical behavior that goes beyond mere allegations or the possibility of a violation. While the Kentucky Rules of Professional Conduct provide standards for ethical behavior, they are not directly enforceable in disqualification proceedings. However, these rules serve as important guidelines for the courts when assessing whether an attorney's conduct warrants disqualification. The burden is on the party requesting disqualification to clearly establish the grounds for such an action.