In deciding whether to disqualify an attorney or firm, the final factors of focus are the courts themselves and, more broadly, the justice system. Courts consider the following factors when determining whether disqualification would be appropriate: (1) public confidence (and the appearance of impropriety); (2) fairness of the proceedings and the disqualification remedy; and (3) judicial economy.[1]


[1]     They arguably also consider their relationship with the lawyer or law firm—or all lawyers. See generally Benjamin H. Barton, The Lawyer-Judge Bias in the American Legal System (2011) (arguing that judges—i.e., former attorneys—systematically favor the legal profession). This factor, however, is rarely listed as an explicit consideration.

[Source: Keith Swisher, The Practice and Theory of Lawyer Disqualification, 27 Geo. J. Legal Ethics 71 (2014) (Part I.B.5).]