Maryland Conflict of Terms

State:
Multi-State
Control #:
US-OG-699
Format:
Word; 
Rich Text
Instant download

Description

This is simply a short statement that states that, in the event of a conflict between the provisions of one Article and the terms and conditions contained in prior Articles provided for in the Agreement, the parties agree that the provisions of a designated Article shall prevail.

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FAQ

A conflict of interest refers to the ethical problems that may arise between parties with a preexisting relationship. In law, a conflict of interest arises between an attorney and a client if the interests of the attorney, a different client, or a third-party conflict with the interests of the present client.

A conflict of interest exists if: (1) the representation of one client will be directly adverse to another client; or (2) there is a significant risk that the representation of one or more clients will be materially limited by the attorney's responsibilities to another client, a former client or a third person or by a ...

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.

The true test of verifying whether a matter is just a potentially perceived conflict of interest, or an actual conflict of interest, is disclosure. When it comes to conflicts of interest, appearance is as important as reality. This is why disclosing conflicts of interest is important.

For example, if a lawyer is asked to represent the seller of a business in negotiations with a buyer represented by the lawyer, not in the same transaction but in another, unrelated matter, the lawyer could not undertake the representation without the informed consent of each client.

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Maryland Conflict of Terms