Waiver of Conflict of Interest
Waiver of Conflict of Interest
Waiver of Conflict of Interest
CLIENT NAMES:
1. Adonte Roundtree
2.Genessia Knight
3.Leondra Knight
4.Necole Knight
Conflict issues may arise later or be resolved during discovery and litigation. One risk of
representing both a driver and a passenger is that when conflict determinative facts do
not come to light until after an attorney has already begun to represent both driver and
passengers, remedial measures may be required. If discovery reveals, for example, that
a non-waivable conflict exists between coclients, the attorney may be required to
withdraw from representation of both driver and passengers because of the direct conflict
between them. Rule 4-1.7(a); Rule 4-1.16(a) and (d), Florida Rules of Professional
Conduct; Florida Ethics Opinion 95-4.
1) Less work, time consumption and stress for one or both vehicle occupants. Also, if a
family or friends have common representation, this will result in preventing a duplication
of efforts as an occupant of the vehicle may not need to be contacted multiple times (by
attorneys from different law firms) to answer the same questions and provide the same
information to said attorneys.
2) Costs for investigating and preparing our case may be able to be split among the
occupants. A risk of representation of multiple occupants by one attorney is if there is
insufficient insurance coverage by the third party tortfeasor to cover the injuries of all
injured plaintiffs, each of the occupants should seek separate counsel regarding the
distribution of proceeds. If there is insufficient insurance coverage by the third party
tortfeasor to cover the injuries of all injured plaintiffs, the implications
of the common representation and the risks involved are: 1. There will be a separate
Attorney’s Fee which can be expensive and thus reduce the client’s net settlement. 2)
The process of hiring a separate attorney is time consuming and stressful as it results in
a duplication of efforts It may delay the claim/case as it takes time for the “separate”
attorney to become familiar with the case.
3) The client may feel like the original attorney is not looking out for the best interests of
the client. The client may feel like the original attorney “abandoned” their case. 4) The
attorney may have to withdraw from representation which would result in a duplication of
efforts of the clients as an occupant of the vehicle may not need to be contacted multiple
times (by attorneys from different law firms) to answer the same questions and provide
the same information to said attorneys. These above risks also apply to any and all non-
waivable conflicts that exist between co-clients. We, the occupants, will be able to agree
regarding the distribution of benefits/recovery among ourselves. We, the parties, may
agree among ourselves if necessary to submit to arbitration with an independent arbitrator
to determine the distribution of benefits on an equitable basis.
WARNING
THIS IS A LEGAL BINDING DOCUMENT. BEFORE SIGNING, PLEASE READ IT
CAREFULLY AND BE SURE YOU UNDERSTAND ITS CONTENTS. IF THERE IS
ANYTHING YOU DO NOT UNDERSTAND, ASK ABOUT IT. DO NOT HESITATE TO
HAVE THIS CONTRACT REVIEWED BY ANOTHER ATTORNEY OF YOUR CHOICE. I
ENCOURAGE IT!
By signing below, each respective party/plaintiff hereby acknowledges that he/she
understands the aforementioned, and that this waiver of conflict of interest has been
knowing and informed.
_____________________ ________________
Client Date
_____________________ ________________
Client Date
_____________________ ________________
Client Date
_____________________ ________________
Client Date