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Conflict of Interest Case Studies & Advance Waiver Drafting Techniques

presented by NBI, Inc.
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Conflict of Interest Case Studies & Advance Waiver Drafting Techniques

Workshop Description/Agenda

In-the-Weeds Guidance on Current and Former Client Conflicts of Interest

The conflict of interest rules may be succinct, but they can be deceptively complex in application. This course focuses on how Rules 1.7 and 1.9 apply to various scenarios in law. Get practical tips for determining whether a conflict exists and what to do next. The latter part of this program offers drafting techniques and important considerations when preparing and using advance conflict waivers. Register today!

  • Get best practices for framing conflict of interest determinations.
  • Analyze how Rule 1.7 applies to different client situations.
  • Learn how to navigate former client conflicts under Rule 1.9.
  • Distinguish permissible and impermissible conflicts and learn your options for proceeding.
  • Get defensible strategies and drafting tips for using advance conflict waivers.


All times are shown in Eastern time.

  1. Overview and Framework for Analyzing Conflicts
    1:00 - 1:30, Farnoosh Faryabi
    1. Relationship to Confidentiality and Loyalty
    2. Identification of Client and Client Status
    3. Does a Conflict Exist and Is Representation Allowed?
    4. Withdrawal, Declining Representation, and the Hot Potato Rule
  2. Rule 1.7 Case Studies: Identifying Current Client Conflicts
    1:30 - 2:15, Farnoosh Faryabi
    1. Understanding Direct and Indirect Adversity
    2. "Materially Limited" Conflicts
    3. Co-Plaintiffs and Co-Defendants
    4. Evaluating Positional Conflicts
    5. Conflicts Posed by Familial Relationships
    6. Identifying Third-Party Conflicts
  3. Rule 1.9 Case Studies: Identifying Former Client Conflicts
    2:15 - 3:00, Dean R. Dietrich
    1. Rule 1.9 Overview
    2. Subject Matter and the Substantially Related Test
    3. Navigating Imputed Conflicts
    4. Confidentiality Implications
  4. Drafting Advance Waivers
    3:15 - 4:00, Dean R. Dietrich
    1. Recap: Is the Conflict Waivable?
    2. Securing Informed Consent
    3. Advance Waiver Types and Examples
    4. Scope and Specificity of Waiver Considerations
    5. Waiver Drafting Techniques
    6. Unenforceability Traps and Ramifications
  5. Business Dealings and "Shall Nots" under Rule 1.8
    4:00 - 4:15, Dean R. Dietrich

Who Should Attend

This program is designed for attorneys. Paralegals may also benefit.

Additional Information

Training Provider: NBI, Inc.

Course Topics: Law Training > Ethics

Training Course Summary: Conflict of Interest Case Studies & Advance Waiver Drafting Techniques