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 Current Client
[Date]
[Name and address of prospective client]
Re: [describe transaction]
[Salutation]
I would like to express my appreciation for the opportunity to represent [name of corporation] in connection with [describe transaction]. However, before I can serve as your counsel, it is important that you have a clear understanding of a potential ethical conflict that could exist in this matter. If you have any questions about any matter in this letter, please give me a call.
[Describe potential conflict, e.g., Our firm has decided not to represent any clients with an adverse position to First Local Bank or a related party because we represent First Local Bank. We do not believe a borrower from First Local Bank is in an adverse position, and I assure you that we will represent your interests to the very best of our abilities. But if you should decide to sue the bank, our firm would not be able to represent you. Of course, we would not represent the bank in any matter adverse to you.]
Please give careful thought to the matter discussed in this letter and respond in the space below.
Sincerely yours,
[Name of attorney]
¨ I consent to the representation subject to the foregoing limitation.
¨ I do not consent to the representation.
[Name of prospective client]
Date: