This letter is furnished only as a basic example and should not be used as a standard form. The attorney must be careful to tailor the details of the letter to the facts of the particular case. See section 1.5:1 in this chapter concerning disclosing conflicts.
Letter Disclosing and Requesting Waiver of Potential Conflict with Former Client
[Date]
[Name and address of former client]
Re: [describe transaction]
[Salutation]
As you are aware, this firm previously represented you in connection with [describe transaction]. This firm has recently been asked to represent [name of prospective client] in a claim against you.
Rule 1.09 of the Texas Disciplinary Rules of Professional Conduct prohibits us from representing [name of prospective client] without your written consent. Before asking for your consent, we advise you that the claim against you [describe adverse claim and the specific prohibition of rule 1.09(a)(1)–(3)].
As this is a very serious matter and you may be compromising certain rights that you have under the Texas Disciplinary Rules of Professional Conduct, I suggest that you seek independent counsel in this matter before consenting to our representation of [name of prospective client]. Please give careful thought to the matters discussed in this letter and respond in the space below.
Sincerely yours,
[Name of attorney]
¨ I consent to the representation [include if applicable: subject to the following limitation: [describe any limitation on representation to be imposed]].
¨ I do not consent to the representation.
[Name of former client]
Date: