Puerto Rico Sample Attorney Conflict of Interest Waiver Letter: [Your Name] [Your Address] [City, State, Zip Code] [Email Address] [Phone Number] [Date] [Attorney's Name] [Law Firm's Name] [Street Address] [City, State, Zip Code] Subject: Attorney Conflict of Interest Waiver Request Dear [Attorney's Name], I am writing to formally request a waiver of conflict of interest in regard to your representation as my attorney in [case description]. I understand that, as a professional attorney in Puerto Rico, you have an ethical obligation to avoid conflicts of interest, which could potentially jeopardize the integrity of our attorney-client relationship. To provide you with a comprehensive understanding of the matter at hand, I would like to provide you with a detailed description of the circumstances of the conflict of interest waiver request: 1. Parties Involved: Please identify all parties involved in the case, including their names, roles, and affiliations. 2. Nature of the Conflict: Clearly articulate the conflicts of interest that exist or may potentially arise due to your representation in this matter. Explain any connections, relationships, or other factors that may compromise your ability to provide unbiased and diligent representation. 3. Informed Consent: I acknowledge that I have been fully informed of the potential risks and consequences associated with granting this waiver. I understand that it is essential to thoroughly discuss and disclose any relevant information to ensure transparency and informed decision-making. 4. Alternatives Considered: Outline any alternatives that have been explored or considered minimizing or eliminate conflicts of interest. Provide a brief explanation of why these alternatives were deemed impractical or insufficient to fulfill the legal requirements and duties. 5. Waiver Consideration: State the reasons why you believe granting this conflict of interest waiver is in the best interest of both parties involved. Highlight your ability to maintain the utmost professionalism, confidentiality, and diligence despite the potential conflicts. 6. Client Protection: Emphasize your commitment to safeguarding my rights and interests throughout the legal process. Assure me that any confidential information shared will be handled with the highest level of care and discretion. I understand that this conflict of interest waiver is not mandatory, and I have the right to seek alternative legal representation if I deem it necessary. However, I strongly believe in your expertise and integrity, which is why I am requesting your continued assistance in this matter. I kindly ask you to review this waiver request and provide me with your prompt response. If you require any additional information or documentation, please let me know, and I will be happy to comply. Thank you for your attention to this matter. I appreciate your professionalism and look forward to your response. Sincerely, [Your Name]
Puerto Rico Sample Attorney Conflict of Interest Waiver Letter
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FAQ
A conflict of interest refers to the ethical problems that may arise between parties with a preexisting relationship. In law, a conflict of interest arises between an attorney and a client if the interests of the attorney, a different client, or a third-party conflict with the interests of the present client.
For example, if an attorney has both the plaintiff and defendant in a given case as clients, advocating on behalf of one will inherently be advocating against the interests of the other. Attorneys must take care to check for potential conflicts prior to accepting an individual as a client.
How To Write a Good (And Ethical) Conflict Of Interest Waiver Identify the conflict of interest. ... Describe the workaround. ... Describe the upside of the client(s) waiving the conflict of interest. ... Describe the downside to the client(s) waiving the conflict of interest. ... Get it in writing. ... Take it home!
Thus, a conflict of interest can generally be waived if the lawyer believes that he or she can provide competent and diligent representation, the potential conflict is adequately described to the client, including the risks and foreseeable consequences, and the client gives its informed consent to the representation.
If a conflict of interest arises in a litigation setting, you could face disqualification and have your professional ethics called into question in a public forum. Finally, you could be compelled to disgorge fees earned from conflicted representation or have your undocumented business transaction with a client unwound.
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.
In very limited circumstances, a conflict will be unwaivable, but most conflicts can be waived with the affected party's informed consent. Under the Rules, no conflict can be waived without the affected party's informed consent. In some instances, that informed consent must be confirmed in writing.
How To Write a Good (And Ethical) Conflict Of Interest Waiver Identify the conflict of interest. ... Describe the workaround. ... Describe the upside of the client(s) waiving the conflict of interest. ... Describe the downside to the client(s) waiving the conflict of interest. ... Get it in writing. ... Take it home!