Letter · Confidentiality & client information

Waiver of a concurrent conflict of interest (United States)

A writing to confirm informed consent to a concurrent conflict under Model Rule 1.7(b). The lawyer records why the conflict is consentable. The client's signature is the consent, not a conclusion that the lawyer may act.

Kind
Letter. A letter or email you adapt and send.
Where it applies
United States
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 3 authorities it cites, for United States.
Version
1
Source
Written for this library

When to use it

Use when a US lawyer proposes to represent a client despite a concurrent conflict under Rule 1.7(a), and each affected client may be asked for informed consent confirmed in writing. Do not use it for a former-client conflict, a personal-interest conflict that has not been analyzed, or a claim by one client against another client of the lawyer in the same proceeding.

How AI may be used

The lawyer decides whether the conflict is consentable and writes the risks and the alternatives. A tool may place the lawyer's own descriptions of the two matters into the headings. It writes nothing that is signed as consent.

AI may

  • Copy into the matter headings the names, adverse parties and short descriptions the lawyer has already written in a conflict memo
  • List which of the four Rule 1.7(b) conditions the memo does not yet address
  • Check that both clients, not only one, have a signature block if both are asked to consent

AI must not

  • Must not decide that the lawyer reasonably believes the representation can be competent and diligent
  • Must not describe the risks, the alternatives, or the other client's position
  • Must not state that consent has been given, or invite a signature on a waiver the lawyer has not completed
  • Must not use one client's confidential information to explain the conflict to the other client

The lawyer checks

  • Rule 1.7(b)(1), (2) and (3) are met in the lawyer's judgment before any client is asked to sign
  • The writing tells each client the material risks and a reasonably available alternative, in enough detail for Rule 1.0(e)
  • Information used to explain the conflict to one client may be told to the other under Rule 1.6, or it is left out
  • The jurisdiction's rule on conflicts and on advance waivers has been read. This form is not an advance waiver

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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