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Conflict Waiver Template for Canada

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Key Requirements PROMPT example:

Conflict Waiver

"I need a Conflict Waiver for our law firm to represent both ABC Manufacturing Ltd. and XYZ Industries in their upcoming March 2025 joint venture, with specific provisions for protecting confidential information and implementing information barriers between our teams."

Document background
A Conflict Waiver is a critical document in Canadian legal practice that addresses situations where a law firm or lawyer identifies a potential or actual conflict of interest in client representation. This document is required under various provincial law society rules and professional conduct guidelines when a legal professional wishes to act for a client despite an identified conflict. The waiver must provide comprehensive disclosure of the conflict situation, including detailed information about potential risks, implemented safeguards, and the nature of the conflict. It serves as evidence that the client has been fully informed and has provided informed consent to proceed with the representation despite the conflict. The document becomes particularly important in complex corporate transactions, multi-party litigation, or situations involving long-standing client relationships where conflicts may arise.
Suggested Sections

1. Identification of Parties: Names and details of the law firm, primary client, and other relevant parties whose interests may conflict

2. Background: Context of the representation and relationship between the parties

3. Nature of Conflict: Detailed explanation of the actual or potential conflict of interest

4. Disclosure of Material Facts: Comprehensive disclosure of all relevant information about the conflict

5. Risk Disclosure: Explicit description of potential risks and consequences of consenting to the conflict

6. Independent Legal Advice: Statement regarding the client's right to seek independent legal advice

7. Confidentiality Arrangements: Description of how confidential information will be protected

8. Client Acknowledgment: Client's confirmation of understanding and acceptance of risks

9. Consent Declaration: Formal statement of client's informed consent to proceed despite the conflict

Optional Sections

1. Future Conflicts: Used when the waiver extends to potential future conflicts of a similar nature

2. Scope Limitations: Include when the firm's representation will be limited in certain aspects due to the conflict

3. Withdrawal Provisions: Used when specific circumstances might require the firm to withdraw from representation

4. Multiple Client Provisions: Include when the conflict involves multiple clients requiring consent

5. Jurisdiction-Specific Provisions: Added when the matter crosses provincial or international boundaries

Suggested Schedules

1. Schedule A - Detailed Conflict Description: Comprehensive explanation of the specific conflict situation and relationships between parties

2. Schedule B - Information Barriers Protocol: Details of ethical walls or other information protection measures being implemented

3. Schedule C - Related Parties: List of all affiliated entities or individuals affected by the conflict

4. Appendix 1 - Relevant Professional Conduct Rules: Excerpts of applicable professional conduct rules regarding conflicts

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions

























Clauses



















Relevant Industries

Legal Services

Financial Services

Professional Services

Banking

Insurance

Real Estate

Manufacturing

Technology

Healthcare

Energy

Mining

Telecommunications

Construction

Environmental Services

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Executive Leadership

Board of Directors

Ethics

Regulatory Affairs

Corporate Secretariat

Internal Audit

Relevant Roles

General Counsel

Legal Director

Corporate Lawyer

Compliance Officer

Risk Manager

Chief Legal Officer

Legal Operations Manager

Corporate Secretary

Ethics Officer

Managing Partner

Senior Partner

Associate Lawyer

Chief Executive Officer

Chief Financial Officer

Board Director

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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