Indiana Sample Attorney Conflict of Interest Waiver Letter
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How to fill out Sample Attorney Conflict Of Interest Waiver Letter?
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FAQ
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 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.
For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.
[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.
By signing this Agreement, each Investor and the Company hereby acknowledges that the terms of this Agreement were negotiated between the Investors and the Company and are fair and reasonable and waives any potential conflict of interest arising out of such representation or such possession of confidential information.
The key in obtaining effective consent to a conflict of interest is that the lawyer must fully inform each affected client of the possible adverse consequences of the conflict, and each client must agree to waive the conflict.
