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Ethics and Drafting Effective Conflict of Interest Waivers (teleseminar)
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This program will provide you with a real-world guide to the rules governing conflict waivers, the types of waivers, and how to draft them to avoid future dispute and discipline.

 Export to Your Calendar 11/23/2016
When: 11/23/2016
1:00 PM to 2:00 PM
Where: United States
Contact: (404) 521-0781

Online registration is available until: 11/23/2016
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One-hour CLE programs are just a phone call away
Convenient, affordable, timely and informative
An 800 number connects you to nationally recognized practice leaders who will speak on important issues and emerging trends in the law. You can also pose your own questions to the speakers. Written materials and other details are emailed in advance to pre-registrants.


1:00 p.m. E.T. (60 minutes)


One of the bedrock principles of law practice is that clients are entitled to the absolute loyalty of their lawyers.  Clients should not be concerned that their interests are compromised by a lawyer’s duty to other current or former clients, third parties, or by the lawyer’s own personal interests.  The competing principle is that clients should be able to choose whoever they would like to represent them. When these two principles collide in the form of current or prospective conflicts, the only ethical resolution is a client’s informed consent to a written waiver of the conflict. But it easier said than accomplished.  Effective waivers must be carefully drafted to ensure the client is informed of the conflict and its consequences to their interests.  The challenge grows when the waiver purports to be in advance of any current conflict.  How do you “inform” a client of a conflict that does not yet exist and may never exist?  This program will provide you with a real-world guide to the rules governing conflict waivers, the types of waivers, and how to draft them to avoid future dispute and discipline. 

• Drafting effective waivers of conflicts of interest in litigation and transactions
• How advance waivers differ substantially from waivers of current conflicts
• Essential elements of effective waivers and ensuring there is “informed” consent
• 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 – discipline, disqualification, litigation, loss of fees

William Freivogel is the principal of Freivogel Ethics Consulting and 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 chair of the Editorial Board of the ABA/BNA Lawyers’ Manual on Professional Conduct. and past chair of the ABA Business Law Section Committee on Professional Responsibility.  He maintains the Web site “Freivogel on Conflicts” at Mr. Freivogel is a graduate of the University of Illinois (Champaign), where he received his B.S. and LL.B.


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