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. When a conflict arises, the lawyer is required to decline the representation, 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, not an existing conflict.
This program provides a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips.
- 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
DETAILS
Phone/Audio
Thursday, January 7, 2021
1:00–2:00 PM
SPEAKERS
- William Freivogel, Freivogel Ethics Consulting, Cleveland, OH
PRODUCED
May 21, 2021
APPROVED CREDIT
North Carolina: 1.00 MCLE Hour
Includes
1.00 Ethics/Professional Responsibility
PROGRAM PRICING
See pricing below.
