Law Firm Waiver of Conflict of Interest Letter
(For Current or Former Client)

This law firm client waiver of conflict of interest letter template is for use by a law firm to obtain a waiver from a current or former client for any actual, potential, or perceived conflict of interest. This template includes practical guidance, drafting notes, and alternate and optional clauses. The conflict of interest involved here is with respect to the law firm's existing or past legal representation of the client and its potential representation of a new client on a matter that may be related to the matter worked on for the current or former client. As fiduciaries, attorneys have an ongoing duty of loyalty and confidentiality to their clients. Generally, a law firm is permitted to represent clients when it has or may have a conflicting interest stemming from its representation of other clients, provided that all of the clients consent to the representation after being fully consulted regarding the conflict. Even if counsel has a good faith belief that no actual conflict exists, it would still be advisable to err on the side of caution and advise a client of any perceived conflicts and obtain a written waiver thereto. While written waivers are not required in all jurisdictions, prudent practice dictates that a written and signed consent should be obtained from all current or former clients whenever the firm reasonably determines that a conflict may exist or may develop during the course of the representation of the new client. The law firm will also need to obtain the consent of the prospective client, see Law Firm Waiver of Conflict of Interest Letter (For Prospective Client). For more information on conflicts of interest, see Conflicts of Interest.