It seems that more and more disqualification motions are being filed against lawyers as part of litigation strategy or tactics. Is there a problem, and why is this occurring? Should there be a better system to evaluate these disqualification motions?
Obviously, disqualification can cause severe disruption in the case and can prove expensive to a client. If a lawyer is disqualified, the case could be delayed. The client then has to hire a new lawyer and there could be additional expenses for the time the new lawyer needs to learn the case so he or she can proceed.
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