Drafting Waivers of Conflicts of Interest

A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest unless those conflicts are waived by a client in writing. Clients are entitled to zealous representation without the lawyer being conflicted by other representations or interests. When a conflict arises, the lawyer is required to decline the representation unless the conflict is waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted, particularly when it purports to be of an anticipated conflict, not an existing conflict. This program will provide you with a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips.

Schedule:

•    Key provisions of waivers and ensuring there is “informed” consent
•    Advance waivers – drafting waivers for anticipated conflicts 
•    Types of advance waivers – stating subject area, adverse parties, neither or both 
•    Sources of rules and practical guidance on drafting waivers
•    Common mistakes made in drafting waivers
•    Consequences of ineffective waivers