I am representing several clients for claims of injuries resulting from a motor vehicle accident. Can I have the clients, as part of the fee agreement, sign a consent to waive future conflicts of interest that might arise in this representation? Can this waiver of future conflicts extend to the handling and negotiation of a global settlement on behalf of the several clients?
First, the concept of a future waiver of conflict of interest has to be discussed generally. In the past, future waiver of conflict of interest was not usually favored. But Rule of Professional Conduct 1.7, which is the general conflict of interest rule, does not appear to prohibit future waivers of conflict. In fact, Comment 22 to Rule 1.7 appears to allow such waivers, but there has to be informed consent.
