A Motion to Disqualify: Tempting, but Dangerous

When it’s warranted, a motion to disqualify the opposing counsel can be a potent weapon. But lawyers should use that weapon rarely and should resist the temptation, or a client’s importuning, to use it merely as harassment. Courts have long recognized that these motions are sometimes grounded in less than lofty motives. Tactically, having such motion denied is far worse than not filing it at all, as it can damage the moving party’s credibility, as well as engender hostility in opposing counsel.

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