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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.
A conflict of interest arises where your personal or financial interest in a matter which is the subject of an action or decision by the Company may reasonably be perceived to: (i) affect your objectivity in carrying out your responsibilities and duties to the Company; or (ii) represents an advantage or gain to you or ...
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.
A conflict waiver is a written acknowledgment that a client has given informed consent for a lawyer to handle a legal matter despite the possibility of a conflict of interest.
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.