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If you already represent the client or clients, you should promptly inform them in writing that a potential conflict exists. In order for your client to waive a conflict, consent must be informed. Ensure that any consents you receive are in writing and keep them on file.
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.?
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!
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.