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An informed letter of consent should be written in plain language that is easy to understand. The Letter should address: The identification of the client(s)

An informed letter of consent should be written in plain language that is easy to understand. The Letter should address:

  • The identification of the client(s) the attorney will be representing;
  • An explanation of the services the attorney will be providing to the client(s);
  • The facts of the conflict;
  • An explanation of possible adverse and/or beneficial impact of the conflict on the legal representation;
  • Provide the strategy the attorney and firm will use to ensure that the client's information is kept confidential;
  • Standard language advising the client to carefully consider all the information provided and consult independent counsel before signing the waiver; and
  • A signature line for the client.

Develop a hypothetical situation involving a conflict of interest between attorney and client, current clients or a current and past clients. Use the information in your hypothetical to compose a letter of informed consent to the client(s).

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