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Examples of where the matter is the same, and there would be a risk or actual conflict of interests, include: a divorce where the firm is asked to act for both husband and wife. the private loan of money where the firm is asked to advise both the lender and the borrower on the terms of and security for the loan.
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!
Circumstances that can give rise to an own interest conflict or a significant risk of one include: A financial interest of yours or someone close to you. For example, a client asks you to carry out due diligence on a company which you or your spouse/partner own shares in. A personal or business relationship of yours.
An example of a conflict that may be waived is where a lawyer represents a lender in some transactions but represents a borrower in an unrelated loan with the lender. In this scenario, the lawyer cannot undertake the representation without the informed consent of both the lender and the borrower.
A template internal conflicts of interest policy for law firms regulated by the Solicitors Regulation Authority (SRA) to guide staff on dealing with client-client conflicts, own-interest conflicts, information conflicts and working with confidentiality safeguards (also called information barriers) ing to the ...