
In order to document that you have obtained consent to any conflict of interest you must thoroughly discuss with your clients, and set forth in writing in the conflict waiver, every specific issue that is causing the conflict.
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.
Joint representation of multiple clients, which is ordinarily a conflict of interest, is allowed if the lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client and each client gives informed written
[Style of Case or Description of Matter/Representation] Conflict of Interest Waiver Dear : This is to confirm our prior telephone conversation on in which you [date of contact] agreed [on behalf of Client A], to waive any objection to the potential conflict of interest with
The Conflict of Interest-Guidebook to Practice Forms and Letter provides sample documents to manage conflicts and potential conflicts. MLM’s Law Practice Management Booklet Series, Avoiding Conflicts of Interest offers information to help you identify, check for and manage conflicts of interest situations.
Obtaining a waiver is a very common way to resolve a conflict. Other possible tools include declining or terminating a representation, or – when the ethics rules permit – establishing an ethics screen. Identify all the possible conflicts.
(“the matter”). This letter is written to address conflict of interest matters with regard to such representation.
We encourage you to modify the sample conflict of interest waiver to suit your individual practice needs. As each practice presents unique situations and statutes may vary by state, we recommend that you review governing requirements prior …
Conflict Waivers and the Informed Consent Standard - Wisbar
Mar 10, 2018 · “An effective waiver of a conflict or potential conflict of interest which is knowing and voluntary requires the lawyer to disclose the following: (1) the existence of all conflicts or potential conflicts in the representation; (2) the nature of the conflicts or potential conflicts, in relationship to the lawyer’s representation of the ...
(1)advise the defendant of his/her right to conflict-free representation. (2)instruct the defendant as to the dangers arising from the particular conflict. (3)permit the defendant to confer with his chosen counsel.