Motions to Disqualify Opposing Counsel in Patent Trial and Appeal Board Proceedings

Motions to disqualify opposing counsel often raise difficult issues of legal ethics. Behind any motion to disqualify, two competing interests are implicated: the client’s right to the attorney of its choice versus the need to maintain ethical standards of professional responsibility. Few things are as disconcerting to a litigant as the loss of access to trusted counsel. For these reasons and others, disqualification proceedings can be heated battles. Motions to disqualify opposing counsel in proceedings before federal courts are not uncommon, with such motions being used for both legitimate reasons and “purely tactical reasons, such as delaying the trial.”  Read more