When will a motion to disqualify counsel be successful?

California, United States of America


The following excerpt is from Fregoso v. Eat Club, Inc., H046505 (Cal. App. 2020):

But courts have also understood that "[m]otions to disqualify counsel are especially prone to tactical abuse because disqualification imposes heavy burdens on both the clients and courts: clients are deprived of their chosen counsel, litigation costs inevitably increase[,] and delays inevitably occur. . . . At the same time, . . . disqualification of counsel is necessary under certain circumstances, to protect the integrity of our judicial process by enforcing counsel's duties of confidentiality and loyalty. [Citations.]" (City of Santa Barbara v. Superior Court (2004) 122 Cal.App.4th 17, 23, fn. omitted.)

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