Is a waiver legally enforceable?

A properly informed, voluntary written waiver documenting consent is generally enforceable under professional conduct rules and contract law. Ensure the waiver discloses material conflicts and that each client provides informed consent; electronic execution is valid under ESIGN (15 U.S.C. ch. 96) and UETA where applicable.

Can I withdraw consent later?

Clients may attempt to withdraw consent; if withdrawal occurs before resolution of the conflict, the attorney may need to withdraw or obtain new consents. Document any withdrawal in writing and consult ethical rules for obligations triggered by withdrawal.

Is electronic signing acceptable?

Yes. Electronic signatures are permitted under federal ESIGN and state UETA statutes for most agreements. Preserve the audit trail showing identity, intent, and retention to support enforceability.

Who must sign the waiver?

All clients whose interests are potentially affected should sign. If a corporate entity is a client, an authorized representative with capacity must sign and identify their authority.

When is notarization required?

Notarization is rarely required for conflict waivers but may be used for added authentication or where state rules or firm policy mandate it. Check local bar guidance for specific requirements.

What if a conflict arises later?

If a new material conflict appears, re-evaluate representation, re-disclose to clients, and obtain renewed consent or withdraw. Maintain clear records showing timely disclosure and client decisions.

Electronic Signature
Templates
Legal
Joint Representation Waiver Agreement

Joint Representation Waiver Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

JOINT REPRESENTATION WAIVER AGREEMENT

This Joint Representation Waiver Agreement ("Agreement") is made effective as of by and among Client Name: and Client Name: (collectively, "Clients"), and Attorney/Firm: ("Attorney"). For purposes of this Agreement, the Clients and Attorney are referred to collectively as the "Parties."

RECITALS

WHEREAS, Attorney has been asked to represent the Clients jointly in the matter described as:

WHEREAS, the Clients understand that joint representation may give rise to actual or potential conflicts of interest between the Clients or among the Clients and third parties, and that certain confidential information of one Client may be relevant to the representation of another Client; and

WHEREAS, each Client has been advised of the right to seek independent counsel and has been provided an opportunity to ask questions and obtain such counsel before agreeing to joint representation by Attorney.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the Parties agree as follows:

1. SCOPE OF JOINT REPRESENTATION

1.1 Attorney will represent the Clients jointly and concurrently in the matter described above and in all proceedings, negotiations, and related matters arising from that matter. The representation is limited to the matter described in the Matter Description field unless the Parties execute a written amendment to expand the scope.

2. DISCLOSURE OF POTENTIAL CONFLICTS

2.1 Attorney has disclosed to each Client all known material facts that Attorney reasonably believes could give rise to a conflict of interest in the joint representation. Known conflicts or potential adverse interests, if any, are described below:

2.2 The Clients acknowledge that other conflicts may arise during the course of representation that cannot be predicted at this time. Attorney will inform the Clients of any subsequently discovered conflict as required by professional obligations.

3. INFORMED CONSENT AND WAIVER

3.1 Each Client acknowledges receipt of a full disclosure regarding the nature and possible consequences of joint representation, and having had the opportunity to ask questions. By signing below, each Client knowingly and voluntarily consents to Attorney's joint representation and waives any objection based on the fact of joint representation, subject to the terms of this Agreement.

Client Name: — I consent to joint representation:

4. LIMITATIONS ON CONFIDENTIALITY

4.1 The Clients acknowledge that information conveyed to Attorney in the course of joint representation is generally accessible to all jointly represented Clients and that Attorney is not required to withhold such information from any Client. No Client may assert the attorney-client privilege against another Client with respect to communications made in the course of the joint representation, except as otherwise required by law.

4.2 Attorney will not, without prior consent of the affected Client, disclose or use a Client's confidential information to the disadvantage of that Client, except as necessary to carry out the joint representation or as required by law or court order.

5. INDEPENDENT COUNSEL

5.1 Each Client has been advised of the right to seek independent legal counsel regarding the advisability of consenting to joint representation. Each Client represents that he or she (check one):

I have consulted independent counsel. I have not consulted independent counsel but knowingly waive that right.

6. CONFLICTS ARISING AFTER COMMENCEMENT

6.1 If a conflict of interest arises after the commencement of joint representation that, in Attorney's professional judgment, prevents Attorney from continued representation of all Clients, Attorney shall notify the Clients and may withdraw from representation in accordance with applicable rules of professional conduct. If withdrawal occurs, Attorney shall take reasonable steps to protect Clients' interests, including providing notice and returning papers and property as required by law.

7. FEES, COSTS AND BILLING

7.1 The Clients and Attorney agree that fees and costs shall be allocated and billed as follows. The Parties understand that fee disputes are subject to applicable fee dispute resolution procedures and that joint representation does not eliminate each Client's responsibility for fees as agreed in the separate fee agreement.

8. NOTICES

Client 1 Notice Address: Client 2 Notice Address: Attorney Notice Address:

Notices shall be effective upon receipt when delivered in person, upon delivery confirmation when sent by nationally recognized overnight courier, or three (3) business days after deposit in the United States mail, first-class postage prepaid, addressed to the notice address provided above.

9. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

10. ENTIRE AGREEMENT; SEVERABILITY; AMENDMENT; WAIVER; COUNTERPARTS

10.1 Entire Agreement. This Agreement constitutes the entire agreement among the Parties concerning the subject matter herein and supersedes all prior agreements, negotiations, and understandings, whether written or oral, relating to joint representation in the matter described above.

10.2 Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable in any respect, the remaining provisions shall not be affected and shall remain in full force and effect to the fullest extent permitted by law.

10.3 Amendment and Waiver. No amendment or waiver of any provision of this Agreement shall be effective unless made in writing and signed by all Parties. No waiver by any Party of any breach or default shall constitute a waiver of any other breach or default or a continuing waiver.

10.4 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

11. ACKNOWLEDGMENTS

Each Party acknowledges that (a) they have read and understand this Agreement, (b) they have had the opportunity to consult with independent counsel, and (c) they enter into this Agreement voluntarily and without coercion.

Client(s) Representative:

By:

Date:

Attorney/Firm:

By:

Date:

What a Joint Representation Waiver Agreement Is

A Joint Representation Waiver Agreement is a written consent by two or more prospective or existing clients that permits a single attorney or firm to represent them in the same matter despite potential or actual conflicts of interest. The document identifies the clients and the scope of representation, discloses known or reasonably foreseeable conflicts, and records that each party has given informed consent after understanding the risks. When properly executed, the waiver documents consent, supports ethical compliance, and reduces the likelihood of later disqualification or malpractice claims under professional conduct rules.

Why a Written Waiver Matters for Joint Representation

A clear written waiver documents informed consent, helps the lawyer meet professional obligations, and preserves client expectations about scope and confidentiality under ethical rules and state law.

Core Elements to Include in a Professional Waiver

A well-drafted Joint Representation Waiver Agreement is concise, specific about the matter and conflicts, and confirms that clients understand and accept limitations.

Parties

List each client by full legal name and identify the attorney or law firm accepting joint representation, ensuring names match government IDs and engagement records.

Scope

Describe the specific matter or matters covered by the waiver and any limitations on representation to avoid ambiguity about the attorney's role.

Conflict Disclosure

Summarize known and reasonably foreseeable conflicts of interest, including overlapping objectives, confidentiality constraints, and any places where separate counsel may be advisable.

Informed Consent

State that each client has been informed of the risks and reasonably foreseeable adverse consequences and is consenting voluntarily, ideally in writing.

Confidentiality Rules

Clarify how confidential information will be handled among jointly represented clients and whether the attorney may share or must segregate information.

Signature and Date

Provide signature blocks for each client and the attorney with printed name, capacity, and execution date; include witness or notary lines if required by jurisdiction or firm policy.

Who Typically Uses a Joint Representation Waiver

The agreement is used in transactional and litigation contexts whenever one attorney proposes to represent multiple clients with intersecting interests.

Small and mid-size law firms representing multiple parties in the same matter.
In-house or corporate counsel handling related entities or parent/subsidiary issues.
Parties to a joint transaction or cooperative litigation who accept shared counsel.

Step-by-Step: How to Complete the Waiver

Follow these sequential steps to prepare, review, and execute a compliant joint representation waiver.

01

Identify Parties: List each client by full legal name.
02

Describe Matter: Define scope and any exclusions.
03

Disclose Conflicts: Summarize known or foreseeable conflicts clearly.
04

Obtain Signatures: Have all clients sign and date the waiver.

How to Set Up an Online Waiver Workflow

Configure an electronic workflow that captures consent, secures signatures, and preserves an audit trail for compliance.

Field	Configuration
Authentication Method	Email link, SMS code, or knowledge-based auth
Signature Type	Typed name, drawn signature, or digital certificate
Document Format	PDF or DOCX with signed copy retained
Retention Policy	Export signed copies to secure storage

Digital Signing: Platform and File Requirements

Choose a platform that supports secure e-signatures, audit trails, and common integrations used by law firms and corporate counsel.

File Formats: PDF and DOCX supported
Integrations: Salesforce, NetSuite, Google Workspace
Security: Encryption in transit and at rest

Where to Store and Send the Executed Waiver

After execution, distribute signed copies and retain a secure master copy; maintain the audit trail for ethical review and future reference.

Firm File: Retain master signed copy in client matter file
Clients: Provide each client a fully executed copy
Opposing Counsel: Share if ethically appropriate or required
Court Filings: File only if required by court rules

Typical Timing and Processing Expectations

There are no universal statutory deadlines for a waiver; plan the timing around engagement milestones and give clients reasonable time to review.

Execution and Delivery:

Obtain signed waivers before substantive representation begins

Review Period:

Allow a reasonable review window (commonly 7–14 days) for clients

Amendments:

Document any changes in writing and re-obtain consent

Record Retention:

Save signed waivers and audit logs immediately after signing

Trigger Events:

Re-disclose and re-consent when material conflicts emerge

Common Mistakes to Avoid

Failing to disclose material conflicts in sufficient detail, leaving consent open to later challenge.
Using vague scope language that does not limit or define the representation clearly for all clients.
Permitting different clients to exchange privileged information without clarifying confidentiality expectations.
Accepting verbal consent without a written record or failing to preserve the audit trail for e-signed waivers.

Risks and Potential Consequences

Ethics Sanction: State bar discipline for inadequate disclosure

Disqualification: Court may disqualify counsel from the matter

Malpractice Claim: Increased exposure to civil liability

Fee Forfeiture: Court-ordered fee adjustments or forfeiture

Client Dissolution: Breakdown of client relationship and loss of representation

Confidentiality Breach: Unauthorized sharing of privileged information

E-signature Vendor Pricing Snapshot

A vendor comparison focused on common decision criteria for executing waivers electronically; signNow is listed first per platform comparison guidance.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day free trial, no credit card required	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently Asked Questions About Joint Representation Waivers

Answers to common concerns about enforceability, electronic execution, withdrawal, and signature authority for joint representation waivers.

Need help? Contact support

Is a waiver legally enforceable?
A properly informed, voluntary written waiver documenting consent is generally enforceable under professional conduct rules and contract law. Ensure the waiver discloses material conflicts and that each client provides informed consent; electronic execution is valid under ESIGN (15 U.S.C. ch. 96) and UETA where applicable.
Can I withdraw consent later?
Clients may attempt to withdraw consent; if withdrawal occurs before resolution of the conflict, the attorney may need to withdraw or obtain new consents. Document any withdrawal in writing and consult ethical rules for obligations triggered by withdrawal.
Is electronic signing acceptable?
Yes. Electronic signatures are permitted under federal ESIGN and state UETA statutes for most agreements. Preserve the audit trail showing identity, intent, and retention to support enforceability.
Who must sign the waiver?
All clients whose interests are potentially affected should sign. If a corporate entity is a client, an authorized representative with capacity must sign and identify their authority.
When is notarization required?
Notarization is rarely required for conflict waivers but may be used for added authentication or where state rules or firm policy mandate it. Check local bar guidance for specific requirements.
What if a conflict arises later?
If a new material conflict appears, re-evaluate representation, re-disclose to clients, and obtain renewed consent or withdraw. Maintain clear records showing timely disclosure and client decisions.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now