Sample Joint Representation Conflict Waiver printable pdf download

JOINT REPRESENTATION OF MULTIPLE CLIENTS

Conflicts waivers of all types can be challenging to write because they must be fact specific. This is

why generic sample forms are difficult to come by; and yes, this does mean that a client's signature on

a standardized generic form should never be viewed as sufficient documentation that you have

obtained your client’s informed consent. In order to document that you have obtained consent to any

conflict of interest you must thoroughly discuss with your clients, and set forth in writing in the

conflict waiver, every specific issue that is causing the conflict. You must also delineate any potential

adverse consequences that might arise as a result of the client agreeing to move forward with the

conflict in play. You should also include a statement that encourages your clients to seek outside

advice as to the advisability of agreeing to waive any conflicts. Finally, if there is a real possibility

that conflicts might actually arise down the road or are actually present at the outset, be sure you give

your clients adequate time to decide if they wish to seek outside advice before you have them sign a

conflict waiver.

SAMPLE JOINT REPRESENTATION CONFLICT WAIVER

[Client A] and [Client B] have asked us to jointly represent them in connection with [full description

of the scope of representation]. Given that neither they nor we have as of yet detected a basis for a

conflict, we would be pleased to agree to do so subject to the following understandings.

Although the interests of both of you in this matter are generally consistent, you both acknowledge

that you recognize and understand that differences may exist or become evident during the course of

our representation. Notwithstanding these possibilities, the two of you have determined that it is in

your individual and mutual interests to have a single law firm represent you jointly in connection

with this matter.

Potential conflicts of interest that might arise include but are not limited to: [Use “Murphy’s Law” to

discern and describe all reasonably foreseeable ramifications to each client by their agreeing to joint

representation]. In addition, it is possible that a circumstance could arise whereby our continuing

with our representation could not occur without it adversely affecting one of you. Should this happen,

we will be forced to terminate our representation of you both and it will be necessary for each of you

to hire your own independent lawyers. In light of this possibility, we would recommend that you both

seek independent legal advice to determine whether consent to joint representation should be given.

Whether or not you do so, however, is up to you.

Accordingly, this confirms your mutual agreement to have us represent you jointly in connection with

the above-described matter. This will also confirm that you both have each agreed to waive any

conflict of interest arising out of, and that you will not object to, our representation of each of you in

the matter described herein. Therefore, you hereby state that you prefer that [Lawyer/Law Firm]

jointly represent you in this matter and that you refuse to exercise your right to hire independent

lawyers.

NOTE: This material is intended as only an example which you may use in developing your own form. It is not considered legal advice and

as always, you will need to do your own research to make your own conclusions with regard to the laws and ethical opinions of your

jurisdiction. In no event will ALPS be liable for any direct, indirect, or consequential damages resulting from the use of this material.

Sample Joint Representation Conflict Waiver