Monday, December 24, 2018, 1:00-2:00pm
A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest – unless those conflicts are explicitly waived by a client in writing.
Clients are entitled to zealous representation without the lawyer being conflicted by other representations.
When a conflict arises, the lawyer is required to decline the representation causing the conflict or withdraw from an ongoing matter – unless the conflict is explicitly 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.
This program provides a real-world guide to the rules governing conflict waivers, types of waivers, and how to draft them to avoid future dispute and ethical sanction.
- Drafting effective waivers of conflicts of interest
- 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
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