Motions to disqualify are on the rise in all types of litigation. A combination of factors may be to blame. The legal industry is becoming more consolidated, creating true or perceived conflicts in many cases. Lateral moves by attorneys also give rise to conflict questions as attorneys bring clients to their new firms.
Many issues arise because firms either do not have or fail to follow effective procedures for properly addressing conflicts of interest, including disclosure and consent. The best time and most effective way to avoid a meritorious motion to disqualify is to implement and follow client intake procedures that detect and address, at an early stage, potential conflicts of interest.
