A Conflict Waiver is essential when a law firm identifies potential conflicts in representing multiple clients or in situations where professional interests might compete. This document, governed by U.S. state and federal regulations, serves as formal documentation of the client's informed consent to proceed with representation despite known conflicts. The waiver must detail the nature of the conflict, potential risks, and alternatives available to the client. It's particularly crucial for compliance with ABA Model Rules of Professional Conduct and state-specific ethical requirements.
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1. Identification of Parties: Clear identification of all affected parties, including the law firm and client(s)
2. Background: Context of the representation and the circumstances giving rise to the conflict
3. Nature of Conflict: Detailed description of the actual or potential conflict and its implications
4. Disclosure Statement: Comprehensive disclosure of all material facts and potential risks related to the conflict
5. Informed Consent: Express acknowledgment of understanding and voluntary consent to waive the conflict
6. Execution: Signature blocks and date for all relevant parties
1. Future Conflicts: Optional section addressing potential future conflicts when anticipating ongoing relationships
2. Scope Limitation: Used when partial conflicts exist to clearly define limitations on representation
3. Withdrawal Provisions: Optional section detailing conditions for withdrawal in complex conflict situations
4. Confidentiality Provisions: Used when conflict involves sensitive information shared between parties
1. Schedule A - Detailed Conflict Description: Comprehensive explanation of complex conflict situations requiring detailed elaboration
2. Schedule B - Related Party Information: Details of other parties involved in the conflict situation
3. Schedule C - Supporting Documentation: List or copies of relevant documents evidencing the conflict situation
4. Schedule D - Applicable Rules Reference: Reference to specific professional conduct rules and legal requirements applicable to the conflict
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