07/29/2005
ABA Ethics Committee Announces Greater Latitude on Future Conflicts Waivers
ABA Committee on Ethics and Professional Responsibility, Formal Op. 05-436 (May 11, 2005)

Brief Summary

Lawyers representing corporate clients and law firms with multiple offices are likely to benefit from the Committee’s latest opinion, and the withdrawal of Formal Opinion 93-372. In fact, it is quite likely that in many jurisdictions, applicable standards of practice had already moved well beyond the prior opinion. Formal Opinion 05-436 does not, however, offer black-and-white tests to measure the validity of a client’s waiver. In other words, specific facts and circumstances, as well as judicial perceptions of fairness and local precedent, may still play significant roles in specific cases.
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