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Conflict waivers serve as a memorialization or proof that a client has given informed consent for a lawyer to handle a legal matter despite a “disqualifying conflict of interest.”
For example, clients that are asked to waive or consent to conflicts typically should consider whether there is any material risk that “their” attorney will be less zealous or eager on their behalf due to the conflict.
Representation Conflict of Interest Waiver Dear _____: You have requested that represent [Law Firm][names of clients to be jointly represented] in connection with [describe matter] (“the matter”). In order to represent both clients, rigorous ethical requirements must be met.
A Standard Document from a law firm to a prospective client waiving conflicts of interest that arise in representing the prospective client whose interests conflict with the interests of an existing client.
sample joint representation conflict waiver [Client A] and [Client B] have asked us to jointly represent them in connection with [full description of the scope of representation].
15 Δεκ 2023 · When confronted with the need for waivers, many lawyers may be uncomfortable with the mechanics of translating theory into practice. In this column we’ll survey three aspects of the nuts and bolts of conflict waivers. First, we’ll discuss where lawyers can turn for templates.
A Simple Waiver Isn’t Enough. Similarly, it is not sufficient merely to confirm a client’s waiver of the conflict and consent to the representation. An effective disclosure requires more.