---
title: "Waiver of a concurrent conflict of interest (United States)"
url: "https://ailawframework.com/precedents/confidentiality-and-client-information/us-concurrent-conflict-waiver"
type: "precedent"
site: "AI Law Framework"
id: "a51-us-concurrent-conflict-waiver"
area_id: "A51"
kind: "letter"
ai_level: "red"
version: 1
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/confidentiality-and-client-information/us-concurrent-conflict-waiver  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Confidentiality & client information](https://ailawframework.com/precedents/confidentiality-and-client-information.md)
- Jurisdictions: United States
- AI level: 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: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 3 authorities it cites, for United States.

## 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

## Authorities

- [ABA Model Rules of Professional Conduct, Rule 1.7 (Conflict of Interest: Current Clients)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_7_conflict_of_interest_current_clients/)
- [ABA Model Rules of Professional Conduct, Rule 1.0 (Terminology), including paragraphs (b) and (e)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_0_terminology/)
- [ABA Model Rules of Professional Conduct, Rule 1.6 (Confidentiality of Information)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/confidentiality-and-client-information/us-concurrent-conflict-waiver and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*