DESCRIPTION
Drafting Waivers of Conflicts of Interest
Master the delicate art of crafting conflict waivers that protect professional relationships while maintaining ethical compliance in our increasingly complex legal practice environment. This specialized program addresses the strategic and ethical considerations that determine whether conflict waivers provide meaningful protection or become sources of professional liability. Learn to balance client service flexibility with professional responsibility requirements.
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Understand when conflicts can be waived and the scope of permissible concurrent representation arrangements
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Draft informed consent documents that satisfy disclosure requirements while preserving client relationships
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Address advanced waiver scenarios including potential future conflicts and business transaction representations
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Navigate the interplay between conflict waivers and malpractice insurance coverage requirements
Speakers:
Thomas E. Spahn is a partner in the McLean, Virginia office of McGuireWoods, LLP, where he has a substantial practice advising clients on properly creating and preserving the attorney-client privilege and work product protections. For more than 30 years he has lectured extensively on legal ethics and professionalism and has written “The Attorney-Client Privilege and the Work Product Doctrine: A Practitioner’s Guide,” a 750 page treatise published by the Virginia Law Foundation. Mr. Spahn has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and as a member of the Virginia State Bar's Legal Ethics Committee. He received his B.A., magna cum laude, from Yale University and his J.D. from Yale Law School.
Elizabeth Treubert Simon is an ethics attorney in the Washington, D.C. office of Akin Gump Strauss Hauer & Feld LLP, where she advises on a wide range of ethics and compliance-related matters to support Akin Gump’s offices worldwide. Previously, her practice focused on business and commercial litigation and providing counsel to clients regarding professional ethics and attorney disciplinary procedures. She is a member of the New York State Bar Association Committee on Professional Discipline and the District of Columbia Rules of Professional Conduct Rules Review Committee. She is the immediate past chair of the District of Columbia Legal Ethics Committee. She writes and speaks extensively on attorney ethics issues. She received her B.A. and M.S. from the University of Pennsylvania and her J.D. from Albany Law School.
Disclaimer: All views or opinions expressed by any presenter during the course of this CLE is that of the presenter alone and not an opinion of the Oklahoma Bar Association, the employers, or affiliates of the presenters unless specifically stated. Additionally, any materials, including the legal research, are the product of the individual contributor, not the Oklahoma Bar Association. The Oklahoma Bar Association makes no warranty, express or implied, relating to the accuracy or content of these materials.