It is vital for you to ensure that a waiver meets all the legal requirements of validity to avoid disqualification from a certain case. For example, in the event of dual representation, your clients should be well informed of the risks and benefits presented by acceptance of a waiver; it is advisable to have your clients sign the document. However, the presence of a waiver of conflict of interest does not automatically exclude an attorney from disqualification or other legal consequences. The court may decide to disqualify the lawyer if it feels that in the interest of fairness and equality, the waiver does not represent the interests of the client.
If you take part in a legal issue that presents a risk of conflict of interest, you may face ramifications of a malpractice suit and consequences of disciplinary action from the American Bar Association. A valid waiver document protects your career from such stains as suits brought against you on claims of ethical misconduct. The waiver document also acts as proof of fulfilment of your ethical duty as a representative of your client.
A properly executed waiver document allows both you and your firm to maintain your present cases. In case of a conflict of interest, the law prohibits you from obtaining payments from your client, and this prevents you from acquiring your profits from the case.
The presence of a waiver of conflict applies additional pressure of quality representation of the clients' interests. Rule 3-100 of the Rules of Professional Conduct of the State Bar of California, for example, forbids an attorney from intentionally failing to offer effective representation to a client. In case the client feels that due to the conflict of interest, the services of the attorney were unsatisfactory, even in the presence of a waiver the attorney is liable to face disciplinary action from the State Bar.
A waiver comes in handy when ensuring you are not privy to time-wasting processes that result from suits brought about as a result of conflicts of interest. In the case of dual representation, the presence of a single attorney between the two parties increases the possibility of reaching a faster settlement on the case and payment of lower legal fees. You also save on legal fees for claims of misconduct. It is ethical for an attorney to back down from a waiver if it presents a possible situation of legal clashes between two clients with no possibility of an amicable agreement.