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1851 A motion to disqualify an adversary's counsel because of an alleged conflict must be supported by evidence, and cannot be supported by an unverified statement of facts or by statements made in memoranda of points and authorities; in determining whether to grant a properly made motion, the courts should resolve a close case in favor of the client's right to representation by an attorney of his or her choice.CitationSMITH, SMITH & KRING v SUPERIOR COURT (Attorney Recusal) 60 CA4 573 [See: CA Rules of Prof Cond 2-111(A)(4); Gantner v Gantner 39 C2 272; Loving v Blick 33 C2 603; Lyle v Superior Court 122 CA3 470; Maxwell v Superior Court 30 C3 606]
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