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A conflict waiver is a written acknowledgment that a client has given informed consent for a lawyer to handle a legal matter despite the possibility of a conflict of interest.
In very limited circumstances, a conflict will be unwaivable, but most conflicts can be waived with the affected party's informed consent. Under the Rules, no conflict can be waived without the affected party's informed consent. In some instances, that informed consent must be confirmed in writing.
[Client A] hereby provides informed consent to and waives any objection to the conflict of interest in [Law Firm's] concurrent representation of [Client A and Client B] as described in the aforesaid circumstances.
The lawyer should disclose: (1) the circumstances giving rise to the conflict, (2) the material risks arising from that conflict, and (3) the reasonably available alternatives to the proposed course of conduct, undertaking the conflicted representation.
Assuming that an absolute prohibition is not present, a conflict of interest can be waived only if ?each affected client gives informed consent, confirmed in writing.? What constitutes ?informed consent?? Informed consent requires full and fair disclosure of all pertinent facts regarding the proposed representation and ...