Michigan Sample Letter to Party Opposite regarding Notice of Representation
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How to fill out Sample Letter To Party Opposite Regarding Notice Of Representation?
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FAQ
Under the Act, a public official has a disqualifying conflict of interest in a governmental decision if it is foreseeable that the decision will have a financial impact on his or her personal finances or other financial interests.
Include an introduction that outlines the purpose of the representation letter and how it will be used. Identify the parties involved in the agreement. Provide a full description of the agreement, including any conditions or restrictions. Identify any potential risks or liabilities associated with the agreement.
"In representing a client, a lawyer shall not communicate about the subject of the representation with a party whom the lawyer knows to be represented in the matter by another lawyer, unless the lawyer has the consent of the other lawyer or is authorized by law to do so."
Steps for Dealing with Conflicts of Interest Rules Determine who is your client(s) ... Determine if you are being asked to represent both sides of a dispute. ... Consider the nature of your retainer and the duties to your client(s) ... Determine if you may have a personal interest conflict.
In particular, you should explain to the clients that, should the matter evolve and they no longer have a substantially common interest, the firm may need to cease acting for one or more of them and that they may then need to take independent legal advice.
If you already represent the client or clients, you should promptly inform them in writing that a potential conflict exists. In order for your client to waive a conflict, consent must be informed. Ensure that any consents you receive are in writing and keep them on file.
Rule 3.6 sets forth a basic general prohibition against a lawyer's making statements that the lawyer knows or should know will have a substantial likelihood of materially prejudicing an adjudicative proceeding.
The key in obtaining effective consent to a conflict of interest is that the lawyer must fully inform each affected client of the possible adverse consequences of the conflict, and each client must agree to waive the conflict.
