Drafting Waivers of Conflicts of Interest



  • Available Until 5/22/2022
  • Next Class Time 11:00 AM MT
  • Duration 60 min.
  • Format MP3 Download
  • Program Code 05212020
  • Ethics Credits 1 hour(s)

Course Price: $89.00


A bedrock principle of lawyer ethics is that lawyers owe their clients loyalty, free of conflicts of interest, unless those conflicts are waived by a client in writing. Clients are entitled to zealous representation without the lawyer being conflicted by other representations. When a conflict arises, the lawyer is required to decline the representation, unless the conflict is explicitly waived by the client.  But waivers are not always easily accomplished.  They must be carefully drafted, particularly when it purports to be of an anticipated conflict, not an existing conflict. This program will provide you with a practical guide to the rules governing conflict waivers, types of waivers, and drafting tips. 

  • Key provisions of waivers and ensuring there is “informed” consent
  • Advance waivers – drafting waivers for anticipated conflicts
  • Types of advance waivers – stating subject area, adverse parties, neither or both
  • Sources of rules and practical guidance on drafting waivers
  • Common mistakes made in drafting waivers
  • Consequences of ineffective waivers


Speaker: William Freivogel

Mr. Freivogel is an independent consultant to law firms on ethics and risk management.  He was a trial lawyer for 22 years and has practiced in the areas of legal ethics and lawyer malpractice for more than 25 years.  He is a member of the Editorial Board of the ABA/BNA Lawyers Manual on Professional Conduct and recent past Chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site, Freivogel on Conflicts, at www.freivogelonconflicts.com