Can a motion to disqualify counsel be used to harass or intimidate opposing counsel?

California, United States of America


The following excerpt is from Frazee v. Niles, B242395 (Cal. App. 2014):

The courts are increasingly aware that "motions to disqualify counsel often pose the very threat to the integrity of the judicial process that they purport to prevent. . . . Such motions can be misused to harass opposing counsel . . . to delay the litigation . . . or to intimidate an adversary into accepting settlement on terms that would not otherwise be acceptable," and they impose heavy burdens on the courts. (Gregori v. Bank of America (1989) 207 Cal.App.3d 291, 300-301; Reed, supra, 92 Cal.App.4th at p. 456.) Indeed, federal courts do not allow appeals from orders denying disqualification until after a final judgment, to prevent parties from using the motion as a tactic to delay trial or harass an opponent. (Reed, at pp. 456-457.)3

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