Lawyeringlaw.com Tip of the Month

Tip for July 2017

Head Off Future Conflicts with Waivers

When you take on a new client, and there is some foreseeable chance that a conflict of interest may arise during your firm's representation of the client, you might consider obtaining from the prospective client at the outset of the attorney-client relationship a present waiver of any potential future conflict of interest involving your firm's representation of the adverse party in the matter involving the new client in a future, unrelated matter. This kind of waiver may not be effective under all circumstances and must be the result of informed consent after full disclosure of all facts and consequences (that are foreseeable at the time). The narrower the waiver, it is more likely that you can disclose sufficient information to make the present waiver of a future conflict enforceable. If you are not often involved in addressing conflict of interest issues, you might consider consulting an attorney who concentrates in the area of legal ethics to assist in drafting the most effective disclosure and consent that is possible under the circumstances.