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There are a few things you will need to include in your letter, such as the client's name and address, the date, and the purpose of the letter. You should also state the relevant facts of the case, and your legal argument. It is important to be clear and concise when writing a legal letter to a client.
Steps for Dealing with Conflicts of Interest Rules Determine who is your client(s) ... Determine if you are being asked to represent both sides of a dispute. ... Consider the nature of your retainer and the duties to your client(s) ... Determine if you may have a personal interest conflict.
A disengagement letter serves to make clear that a client has ceased to be a current client for conflict of interest analysis.
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.
In particular, you should explain to the clients that, should the matter evolve and they no longer have a substantially common interest, the firm may need to cease acting for one or more of them and that they may then need to take independent legal advice.
?All parties shall make reasonable efforts to cooperate for the purpose of minimizing the burden or expense of discovery.? Better known as the ?Golden Rule Letter,? it should be attached to a motion to compel to evidence to the court that a good-faith effort has been made.
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.
Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests.