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Drafting Waivers of Conflicts of Interests

November 13, 2019 @ 12:00 pm - 1:00 pm

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 will provide you with 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.

Handout Materials will be emailed to you prior to the seminar
1.0 MCLE Credit Hours, including 1 ethics hour


• 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


William Freivogel, Freivogel Ethics Consulting – Chicago