Motion To Remove Opposing Counsel
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FAQ
A motion to disqualify shall: (1) be in writing; (2) allege specifically the facts and reasons upon which the movant relies as the grounds for disqualification, and identify the precise date when the facts constituting the grounds for the motion were discovered by the party or the party's counsel, whichever is earlier; ...
8 Tips for Dealing with Difficult Opposing Counsel Point out Common Ground. ... Don't be Afraid to Ask Why. ... Separate the Person from the Problem. ... Focus on your Interests. ... Don't Fall for your Assumptions. ... Take a Calculated Approach. ... Control the Conversation by Reframing. ... Pick up the Phone.
A motion to disqualify counsel is the proper procedural vehicle to challenge an attorney's representation under these circumstances. See NCNB Texas Nat'l Bank v. Coker, 765 S.W. 2d 398, 399 (Tex.
Reiterate to opposing counsel that you understand they are not your attorney. Make it very clear that you know opposing counsel represents the opposing party and not you. Let them know you understand they cannot give you legal advice or help you with your side of the case.
One party may insist that the court bar the lawyer from representing another party through a motion to disqualify. In New York, that motion requires: the existence of a prior attorney-client relationship between the moving party and opposing counsel.
