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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.?
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.
Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests.
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!
[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.