Conflict Waiver and Consent (Estate Planning)
1. Parties and Matter
- Law Firm: [FIRM NAME]
- Client: [CLIENT NAME]
- Matter: Estate planning services for [WILL/TRUST/POA].
2. Conflict Disclosure
The Firm has identified the following actual or potential conflict(s):
☐ Prior representation of [PARTY NAME] in [MATTER]
☐ Current representation of [PARTY NAME] in [MATTER]
☐ Representation of multiple family members with potentially differing interests
☐ Other: [DESCRIBE]
3. How the Conflict Could Affect Representation
Possible effects include:
☐ The Firm's duties to another client or former client may limit strategies or recommendations.
☐ Confidential information from another client may restrict the Firm's actions.
☐ The Firm may be required to withdraw if the conflict becomes non-consentable.
4. Alternatives
You may:
☐ Seek representation from another lawyer or law firm.
☐ Consult independent counsel about this waiver before signing.
5. Consent
After considering the disclosure above, Client consents to the Firm's representation and waives the conflict identified in Section 2, subject to the following limitations:
☐ No limitation; full waiver
☐ Limited waiver only for [SPECIFY]
6. Future Conflicts (Optional Advance Waiver)
Client agrees that the Firm may represent other clients in matters unrelated to this Matter, even if those clients' interests are adverse to Client, provided the Firm:
☐ Does not use Client confidential information against Client
☐ Determines the conflict is consentable under applicable rules
7. Right to Withdraw or Revoke
Client may revoke this waiver in writing. The Firm may be required to withdraw if the conflict becomes non-consentable or if withdrawal is required by ethical rules or court order.
8. Acknowledgment
Client acknowledges understanding:
☐ The nature of the conflict and potential risks
☐ The right to independent counsel
☐ The right to ask questions before signing
9. Signatures
text
Client:
______________________________ Date: ________________________
[CLIENT NAME]
Attorney:
______________________________ Date: ________________________
[ATTORNEY NAME], [FIRM NAME]