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A Standard Document from a law firm to a current or former client waiving conflicts of interest that arise in representing a prospective client whose interests conflict with the interests of the current or former client.
If you already represent the client or clients, you should promptly inform them in writing that a potential conflict exists. In order for your client to waive a conflict, consent must be informed. Ensure that any consents you receive are in writing and keep them on file.
How To Write a Good (And Ethical) Conflict Of Interest Waiver Identify the conflict of interest. ... Describe the workaround. ... Describe the upside of the client(s) waiving the conflict of interest. ... Describe the downside to the client(s) waiving the conflict of interest. ... Get it in writing. ... Take it home!
In particular, you should explain to the clients that, should the matter evolve and they no longer have a substantially common interest, the firm may need to cease acting for one or more of them and that they may then need to take independent legal advice.
There are three common scenarios where a lawyer or law practice may come across a conflict of interest: ? representing one client against a former client; representing two or more individual clients with differing interests; or ? where their own business or personal interests differ from those of their client.