Table of Contents
What is motion to disqualify?
A party can move to disqualify a judge for cause at any time during a case. In any given courthouse, you will likely find a party to a legal case (civil or criminal) who is convinced that the judge is not fair.
What is a formal request for legal disqualification?
Judicial disqualification, also referred to as recusal, is the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer.
Can I represent myself in a divorce if my spouse has a lawyer?
A Lawyer Cannot Represent Both Spouses Other times one spouse has a lawyer, while the other does not. Because a lawyer has ethical and fiduciary duties to her client, representing a husband and wife in the same divorce actually means that one spouse would essentially be unrepresented.
Can a judge remove an attorney from a case?
Typically, a lawyer must get the judge’s permission before he or she can withdraw from a case. A judge is less likely to approve the withdrawal if the client will be prejudiced or otherwise adversely affected by the lawyer’s withdrawal, such as if the case is close to trial.
How do you dismiss a counsel?
You should change attorneys in a matter that does not negatively affect your case.
- Call the attorney and tell him or her that you want to terminate his or her services.
- Send a registered or certified letter to the attorney that clearly states that you are dismissing him or her from your case.
Can a person disqualify a lawyer on the other side?
A person will generally not be successful in disqualifying a lawyer on the other side just because that lawyer has a conflict of interest in representing the party on the other side and some third party.
How can a former client disqualify a former Attorney?
Typically, a former client seeking to disqualify a former attorney from representing an opposing party must identify specific, cogent information that the attorney possesses and show that the information is confidential and implicates the duty of loyalty.
Can a lawyer file a motion to disqualify?
Significantly, the increasing mobility of lateral attorneys (with attorneys rarely spending their entire legal careers at a single law practice or firm) has raised issues that can serve as the basis of a motion to disqualify.
Can a conflict of interest cause a lawyer to be disqualified?
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.