CONFLICT WAIVER FOR ACADEMIC CLIENTS RE CONCURRENT UNRELATED ADVERSITY
[NAME OF FIRM]
This waiver should be obtained from academic client prior to creating new attorney-client relationship, (and simultaneously with signing an engagement letter if such letter does not already include waiver language).
[ ] indicate where to add case-specific material (not necessarily in capital letters).
Applicable Rules:
California: Rule 3-310
Massachusetts: Rule 1.7
Texas: Rule 1.06
Washington D.C.: Rule 1.7
Delaware: Rule 1.7
Minnesota: Rule 1.7
New York: Ethical Canons 5-14 – 5-20; Disciplinary Rule 5-105
Georgia: Rule 1.7
[DATE]
[REPRESENTATIVE OF CLIENT]
[CLIENT NAME]
[CLIENT ADDRESS]
Re: Waiver Request
[INSERT MATTER NAME]
Dear [REPRESENTATIVE OF CLIENT]:
[INSERT CLIENT NAME], (the “Client”) has retained [NAME OF FIRM] (the “Firm”) to work on [a] [BRIEFLY DESCRIBE MATTER(S)] matter[s], and we look forward to receiving additional work from Client in the future. The Firm is committed to representing Client’s interests vigorously in all matters for which it has retained us.
As a large national law firm with many clients, we are frequently faced with conflict issues that require us to seek a waiver from one client in order to undertake a project for a second client that is adverse to the interests of the first client. This requirement has created some intractable issues in the past, particularly with respect to academic clients. Consequently, we have instituted a policy of asking our academic clients (both new and existing) for a “blanket” waiver of such conflicts, in advance (if possible). This letter is our request to you, as Client’s representative, for such a blanket waiver, as described below.
We are requesting you, on Client’s behalf, to agree in advance to waive any conflict that might result from our representation of another client adverse to Client, including in litigation, provided such work is not substantially related to our work for Client. For example, if another client asks us to opine about a Client patent on which we have not worked and that is unrelated to our work for Client, the Firm could undertake that work without further notice to Client, pursuant to consent given by signature in this waiver.
In addition, you, on Client’s behalf, agree that, without further notice to Client, the Firm may represent, on unrelated matters not involving Client, parties who are adverse to Client. So, for example, if Client engages the Firm to write an opinion adverse to another company’s patent, Client hereby waives an objection it might have, should that other company want to engage the Firm to handle, for example, its trademark work or its patent work in a different technology area.
Should [INSERT CLIENT NAME] seek to withdraw this waiver in the future, we reserve the right to choose which client we will represent, without regard to which client first engaged us.
Please indicate your assent, on behalf of [INSERT CLIENT NAME], to the foregoing by signing below and returning an original signed copy of this letter to us. Should you have any questions regarding this waiver, please contact me directly at [INSERT ATTORNEY’S DIRECT PHONE NUMBER]. Thank you.
Very truly yours,
[INSERT ATTORNEY NAME]
UNDERSTOOD AND CONSENTED TO:
______
[REPRESENTATIVE OF CLIENT] Date
[TITLE OF CLIENT ’S REPRESENTATIVE]
On Behalf of [INSERT CLIENT NAME]
Conflict Waiver for Academic Clients re Concurrent Unrelated Adversity – Law Firm 2