The Conflict Waiver is essential in modern legal practice where law firms often handle multiple clients with overlapping interests. Under English and Welsh law, this document formally addresses potential conflicts of interest that may arise during legal representation. It serves as a protective mechanism for both the law firm and its clients by clearly documenting the nature of the conflict, ensuring transparency, and obtaining informed consent. The Conflict Waiver must detail specific circumstances giving rise to the conflict, demonstrate full disclosure, and confirm the client's understanding and voluntary acceptance of the situation.
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1. Introduction: Identifies the parties and date of the waiver
2. Conflict Description: Detailed explanation of the actual or potential conflict, including relevant background information
3. Disclosure Statement: Clear statement of information disclosed regarding the conflict and potential risks
4. Waiver Statement: Express waiver of the identified conflict and consent to proceed
5. Client Acknowledgment: Confirmation of understanding and voluntary consent, including confirmation of right to seek independent legal advice
1. Information Barriers: Description of measures to protect confidential information, used when multiple matters or clients are involved
2. Duration: Specific timeframe for the waiver, used when the conflict is temporary or time-limited
3. Revocation Rights: Terms for withdrawing consent, included for complex or long-term situations
1. Related Matters Description: Detailed description of matters giving rise to the conflict, including relevant dates and parties
2. Information Barrier Protocols: Detailed procedures for maintaining confidentiality between teams, including specific measures and responsibilities
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