Washington Conflict of Interest of General Partner and Release
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FAQ
22 Whether a lawyer may properly request a client to waive conflicts that might arise in the future is subject to the test of paragraph (b). The effectiveness of such waivers is generally determined by the extent to which the client reasonably understands the material risks that the waiver entails.
Conflicts that are not consentable, therefore, are (1) conflicts in which the lawyer cannot reasonably believe he can provide competent and diligent representation to each affected client, (2) conflicts in which the representation is prohibited by law, and (3) conflicts in which the representation involves assertion of
In general, when an individual lawyer in a firm has a conflict of interest based on Rule 1.7 or Rule 1.9, that conflict is imputed to all the lawyers associated with the firm.
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.
A conflict of interest is a compromising influence that is likely to negatively affect the advice which a lawyer would otherwise give to a client. A conflict of interest can adversely affect a lawyer's judgment, loyalty, and ability to safeguard the interest of a client or prospective client.
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.
A client can generally waive a conflict of interest that may arise in the future if that particular conflict of interest to be waived can ethically be waived and if the lawyer and client together have in their minds the conflict of interest that actually does later arise.
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.
The basic rule is that a lawyer may not represent two or more clients at the same time if the representation would involve a concurrent conflict of interest between the clients, unless the lawyer obtains the informed consent of the affected parties.
In general, when an individual lawyer in a firm has a conflict of interest based on Rule 1.7 or Rule 1.9, that conflict is imputed to all the lawyers associated with the firm.
