Legal Question in Employment Law in Massachusetts

You right to an attorney remains alive matter for you at nearly all times. The opposing party rarely has a right to deny your rights.

Opposing counsel can move to disqualify your counsel from representing you if his representation (of you) creates an actual or potential conflict of interest (usually to a former client of your lawyer or one of the lawyers in his firm). A lawyer cannot accept representation against the interests of a client or former client (or those of his partners), unless the client/former client gives written consent.

Other reasons to disqualify counsel is if the lawyer will be or is expected to be a witness to the events at issue in the case; generally he can't both advocate for a party and also be a fact witness to the underlying dispute.

Opposing counsel can request disqualification, but the court decides whether to allow it (if there is a conflict). The analysis should consider the prejudice to you if disqualification is allowed. Even if your lawyer is disqualified, however, you clearly have the right to retain substitute counsel, although this will likely be more expensive and less efficient.

Your existing lawyer will probably oppose any effort to disqualify him, although he has no choice but to withdraw if ordered by the court. Contact me directly if you need additional help through this. What kind of case?