Texas Conflict of Interest Waiver Form

Since disclosure and consent are an ethical requirement, a waiver of disputes is very different from other waivers a lawyer encounters. A waiver of the dispute does not protect the attorney from professional misconduct or breach of the obligation of fidelity, as premature waiver of such claims is generally prohibited. Reformulation of Section 54(2), Texas Rule 1.08(g). A waiver of conflicts does not provide protection if the disclosure of risk or consent is incomplete. A waiver of the conflict does not mean that the lawyer may forget new facts that are revealed or changes in circumstances during the course of representation that affect the risks of continuing representation. Ethically, and therefore for liability purposes, it depends on whether the lawyer`s disclosure was appropriate and whether the lawyer was able to effectively represent the client despite the conflict issues. Name of the person completing this form – enter or print the name of the person under investigation for conflict of interest. A conflict is defined in Article 121 of the restatement as a significant risk that the client`s representation will be affected by the lawyer`s own interests or by the lawyer`s duty to third parties, including other clients. This is a fair summary of the definition found in most state disciplinary regulations.

Both disciplinary rules and the reformulation of lawyers` law indicate that lawyers must disclose the risks associated with conflict issues and obtain the client`s consent in order to act in address these risks. The lawyer must also reasonably assume that he or she will be able to provide adequate representation to all clients given the risks, or that representation cannot continue. See Texas Article 122(2) and Rule 1.06(c)(1). If the person answers yes to one or more of the questions in sections 1 to 6, the Acting Local Ombudsman will ensure that the person in the comment box provides a detailed explanation of all affirmative answers. Based on the information provided, the Acting Local Ombudsman will decide whether an appeal or resolution of the dispute is possible and, if necessary, submit Form 8613. A lawyer cannot simply choose to represent one client and let the other down when the situation has deteriorated to such an extent that he or she can no longer provide adequate representation to both clients. In such situations, the lawyer has confidential information regarding the representation that helps one client against the other. Such a situation can also lead to a violation of the loyalty request by the customer. Article 132 of commentary v.

(1) deals with an essentially related matter in which the interests of that person materially and directly conflict with the interests of another client of the lawyer or law firm; or questions about potential conflicts of interest are: 1. Loyalty is an essential element in the lawyer`s relationship with a client. An undue conflict of interest may exist before the representation is made, in which case the representation should be refused. If such a conflict arises after the representation, the lawyer must take effective measures to resolve the conflict, including withdrawal, if necessary, to correct the situation. See also Rule 1.16. If more than one client is involved and the lawyer withdraws because a conflict arises after the representation, the question of whether the lawyer can continue to represent one of the clients is determined by this rule and rules 1.05 and 1.09. See also Rule 1.07(c). Under this rule, any conflict that prevents a particular lawyer from performing or continuing representation of a client also prevents any other lawyer who is or becomes a member or partner of that law firm from doing so. See subparagraph (f). 2. A principle recognised in point (a) is that a lawyer may not represent opposing parties in a dispute. The term “opposing parties”, as used in this rule, refers to a situation in which a judgment in favour of one of the parties has a direct adverse effect on the other party.

In addition, loyalty to a client generally prohibits representation that is directly contrary to that client`s representation in a materially related matter, unless that client`s full informed consent is obtained and the lawyer has reasonable grounds to believe that the lawyer`s representation adequately protects the client`s interests. Subparagraphs (b) and (c) express this general term. Conflicts in Disputes 3rd paragraph (a) prohibits the representation of opposing parties in legal disputes. Simultaneous representation of parties whose interests in a dispute are not in fact directly disadvantageous, but for whom the potential for conflict exists, for example: B. The co-applicant or co-respondent is governed by subparagraph (b). An unconscionable conflict may exist or develop due to a material divergence in the party`s statement, the incompatibility of positions with a counterparty, or the fact that there are substantially different means of settling the claims or liabilities in question. Such conflicts can arise in criminal and civil cases. The risk of conflicts of interest in representing multiple defendants in a criminal case is so serious that a lawyer would normally have to refuse to represent more than one co-respondent.

On the other hand, joint representation of persons with similar interests is appropriate where the risk of impairment is low and the requirements of point (b) are met. Compare Rule 1.07 on Client Mediation. Conflict with the lawyer`s own interests 4. Loyalty to a client is affected not only by the representation of opposing parties in the situations referred to in paragraphs (a) and (b) (1), but also in any situation where a lawyer may not be able to consider an appropriate course of action for a client because of his or her own interests or responsibilities to others; to recommend or achieve. In fact, the conflict excludes alternatives that would otherwise be available to the customer. Subparagraph (b) (2) deals with such situations. A potential conflict itself does not necessarily exclude presentation. Critical issues are the likelihood that a conflict will exist or occur and, if so, whether it materially and negatively affects counsel`s independent professional judgment in considering alternatives or excludes options for action that should reasonably be pursued on behalf of the client. It is up to the client to decide whether they want to take into account the other interests at stake. However, the client`s consent to the representation of another person whose interests are directly prejudicial is insufficient, unless the lawyer also considers that the interests of both clients are not significantly affected. See point (c).

5. The lawyer`s own interests should not be allowed to prejudice a client`s representation, even if subsection b(2) is not violated. For example, a lawyer`s need for income should not lead him or her to deal with matters that cannot be handled competently and at a reasonable fee. See Rules 1.01 and 1.04. When the legality of a lawyer`s conduct is questioned in a transaction, it can be difficult for the lawyer to provide remote advice to a client. A lawyer should not allow related business interests to interfere with representation, para. B example by referring clients to a company in which the lawyer has an undisclosed interest. Meaning of directly prejudicial 6. For the purposes of Rule 1.06(b), the representation of a client directly excludes the representation of another client if the independent judgment of the lawyer on behalf of a client or the ability or willingness of the lawyer to examine, recommend or carry out a course of action is adversely affected by or is reasonably likely to be impaired by the representation of the lawyer; or responsibilities to the other client.

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