Law Practice,
Ethics/Professional Responsibility
Oct. 30, 2020
The future of advance conflict waivers in California
This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Court’s adoption of a new set of professional conduct rules and a high-profile decision finding that a law firm’s undisclosed conflict of interest rendered its engagement agreement unenforceable despite a broad advance waiver.
Amy L. Bomse
Shareholder
Rogers Joseph O'Donnell, PC
Duke Univ SOL; Durham NC
This article considers where California law stands on broad advance conflict waivers in the wake of the California Supreme Court's adoption of a new set of professional conduct rules and a high-profile decision finding that a law firm's undisclosed conflict of interest rendered its engagement agreement unenforceable despite a broad advance waiver. Although the court did not have occasion to weigh in directly on the effect of a broad advance waiver given the facts pres...
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