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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.
Be Clear: Be direct and get straight to the point. Clearly state that you are terminating the attorney and briefly state the reasons why. Additionally, the termination letter should state that the attorney should immediately stop working on any pending matters.
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 the absence of such consents, depending on the circumstances, the lawyer may have the option to withdraw from one or more of the representations in order to avoid the conflict. The lawyer must seek court approval where necessary and take steps to minimize harm to the clients. See rule 1.16.
[Date] [Name and Address of Client] Dear [Client's Name]: This letter will confirm our understanding that effective [DATE] this firm will no longer represent you in connection with [LEGAL MATTER]. I urge you to promptly retain other counsel to represent you in this matter.