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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.
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.?
[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.
Some examples of a conflict of interest could be: Representing a family member in court. Starting a business that competes with your full-time employer. Advising a client to invest in a company owned by your spouse. Hiring an unqualified relative or friend.
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!