Client Conflict Waiver Letter
(Prospective Client) (Federal)

Summary

This template is a standard letter from a law firm to a prospective client seeking that the client waive conflicts of interest that may arise in representation. It includes practical guidance, drafting notes, and alternate and optional clauses. A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client. This holds true even where no client-lawyer relationship ensues. Model R. Prof. Conduct (M.R.P.C.) §§ 1.18(a), (b) (2025). Representation of clients whose interests are adverse is permitted if both the affected client and the prospective client give "informed written consent." M.R.P.C. §§ 1.18(d)(1) (2025). For more on conflicts of interest, see Moore's Federal Practice - Civil Chapter 808. For a full listing of key content covering fundamental civil litigation tasks throughout a federal court litigation lifecycle, see Civil Litigation Fundamentals Resource Kit (Federal). For more pre-litigation content, see Client Conflict Waiver Letter (Current/Former Client) (Federal), Budget for Litigation (Federal), Document Preservation Demand Letter (Federal), and Attorney Engagement Letter and Fee Agreement (Federal).