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How do the rules of professional conduct come into play in a disqualification motion? The rules of professional conduct provide the standards for disqualification for
How do the rules of professional conduct come into play in a disqualification motion? The rules of professional conduct provide the standards for disqualification for conflict of interest. If an attorney has violated the rules of professional conduct regarding conflict of interests, the court must disqualify the attorney. Most courts will make reference to rules of professional conduct in determining whether a disqualifying conflict of interest exists, however, the court may exercise discretion to consider other factors beyond the rules. The rules of professional conduct are for the purposes of discipline only and may not be used in determining whether a disqualification motion should be granted
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