Can a waiver be signed electronically?

Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and state UETA statutes, most waivers may be signed electronically if the signature demonstrates intent, parties consent, and the record can be retained and reproduced. Exceptions for wills and certain court filings may apply.

When is notarization required?

Notarization depends on jurisdiction and document type. Real estate or power-of-attorney related waivers often require notarization; many states permit Remote Online Notarization with identity-proofing, audio-video recording, and retention requirements. Verify current state notary commission rules before execution.

What happens if the waiver is incomplete?

An incomplete waiver can be void or limit enforceability, expose parties to malpractice claims, or trigger delays while additional consents are obtained. Correct errors promptly, document amendments, and retain updated signed copies. Seek counsel if disputes arise over material omissions.

Can conflicts be waived prospectively?

Yes, parties may waive certain conflicts prospectively if informed consent is obtained and documented. The waiver should specify scope, duration, and any limits. Ethical rules may prohibit waivers in some situations; confirm applicable state bar or regulatory guidance.

How do I correct an executed waiver?

Prepare a written amendment that references the original waiver, clearly states corrections, and is signed and dated by all original signatories. In electronic workflows, attach the amendment to the document history and preserve an audit trail showing consent to the change.

Are waivers enforceable against third parties?

Generally waivers bind only the parties who signed them; they do not automatically affect third parties unless expressly included or assigned. Third-party enforcement depends on contract law, privity, and whether the waiver was intended to benefit or bind outside entities.

Electronic Signature
Templates
Legal
Legal Conflicts Waiver

Legal Conflicts Waiver

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

LEGAL CONFLICTS WAIVER

This Legal Conflicts Waiver (the "Waiver") is made effective as of by and between Client Name: (hereinafter "Client") and Law Firm/Attorney Name: (hereinafter "Firm"). The Client and the Firm are hereinafter collectively referred to as the "Parties."

RECITALS

WHEREAS, the Firm has been asked to provide legal services relating to the matter described as: (the "Matter"); and

WHEREAS, the Firm has disclosed to the Client that the Firm either currently represents, previously represented, or may in the future represent one or more persons, entities, or interests (each, a "Third Party") whose interests may be adverse or potentially adverse to the Client in the Matter or in related matters; and

WHEREAS, the Client has had the opportunity to ask questions and obtain information regarding the nature of the disclosed conflicts and to seek independent legal advice concerning whether the Client should waive such conflicts.

NOW, THEREFORE

In consideration of the mutual covenants and promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, the Parties agree as follows:

1. DEFINITIONS

For purposes of this Waiver: (a) "Conflict" means any actual or potential conflict of interest between the Client and any Third Party arising from the Firm's representation; and (b) "Disclosed Conflicts" means the conflicts described in Section 2 and in the attached Conflict Summary.

2. DISCLOSURE OF CONFLICTS

The Firm hereby discloses that the Firm currently represents, previously represented, or anticipates representing the following Third Parties whose interests may be adverse or potentially adverse to the Client:

Third Party(ies) and nature of relationship:

The foregoing disclosure is intended to be specific to the Matter but is not exclusive of other conflicts that may arise. The Client acknowledges receipt of this disclosure and confirms that the Firm has identified the material facts known to the Firm that give rise to the potential conflicts.

3. ACKNOWLEDGMENT AND ADVICE

The Client acknowledges that: (a) the Client has been informed of the facts and circumstances that may constitute a Conflict; (b) the Client has had a reasonable opportunity to ask questions and to receive answers regarding the Conflict; and (c) the Client has been advised of the right to seek independent legal counsel prior to executing this Waiver.

Client elects to:

Proceed with Firm's representation despite the disclosed conflicts

Seek independent legal counsel prior to waiving conflicts

4. WAIVER AND CONSENT

By executing this Waiver, the Client knowingly and voluntarily waives any and all claims that could be asserted against the Firm, whether under rules of professional conduct, common law, or statute, based solely on those Conflicts that have been disclosed above and in the attached Conflict Summary. The Client consents to the Firm's continued representation in the Matter despite such Conflicts, subject to the terms and limitations set forth herein.

The Client understands that this Waiver does not extend to conflicts that are not known or reasonably foreseeable at the time of this execution. With respect to subsequently arising conflicts, the Firm will disclose such conflicts promptly and seek additional consent where required.

5. LIMITATIONS ON REPRESENTATION

The Firm's representation is limited to the Matter described above. The Firm will not undertake representation on other matters adverse to the Client without obtaining the Client's prior written consent. The Firm may, in its sole discretion, withdraw from representation in the event that continued representation would violate applicable professional responsibility rules or other ethical obligations.

6. CONFIDENTIALITY

The Firm will continue to preserve the confidentiality of all information provided by the Client in accordance with applicable rules of professional conduct and law. The Firm may not disclose Client confidences except as authorized by the Client or as required by law.

7. CONFLICTS MANAGEMENT PROCEDURES

The Firm will institute reasonable screening or ethical walls if necessary to protect Client confidences where the Firm represents or will represent other parties in matters that may be adverse. Such procedures will be implemented in accordance with applicable professional rules and Firm policies.

Describe any agreed conflicts-management measures:

8. FEES AND COSTS

The Parties acknowledge that this Waiver does not alter any fee agreement between the Client and the Firm, unless otherwise expressly set forth in writing. The Client remains obligated to pay fees and costs in accordance with any separate fee engagement agreement.

9. DURATION AND REVOCATION

This Waiver is effective on the Effective Date above and will remain in effect for the duration of the Firm's representation of the Client in the Matter, unless earlier revoked in writing by the Client. Revocation will not retroactively invalidate actions taken by the Firm prior to receipt of written revocation if those actions were taken reasonably and in reliance on this Waiver.

10. NOTICES

All notices under this Waiver shall be in writing and delivered to the addresses set forth below or to such other address as either Party designates in writing.

Client notice address: Firm notice address:

11. AMENDMENT AND WAIVER

No amendment, modification, or waiver of any provision of this Waiver shall be effective unless in writing and signed by both Parties. A waiver of any breach shall not constitute a waiver of any subsequent breach.

12. GOVERNING LAW

This Waiver shall be governed by and construed in accordance with the laws of the state specified below, without regard to conflict of laws principles.

Governing law state:

13. ENTIRE AGREEMENT

This Waiver, together with any written conflict summaries or engagement letters expressly incorporated herein, contains the entire agreement of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, written or oral, relating thereto.

14. SEVERABILITY

If any provision of this Waiver is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions, which shall remain in full force and effect. The Parties shall endeavor to replace any invalid provision with a valid provision reflecting the Parties' original intent.

15. SIGNATURES AND CERTIFICATION

By signing below, each signatory certifies that they are authorized to execute this Waiver on behalf of the Party for whom they sign, that they understand the nature of the Conflicts described herein, and that the consent and waiver given is knowingly and voluntarily made.

Client Name:

By:

Date:

Firm/Attorney Name:

By:

Date:

What a Legal Conflicts Waiver Is and When It Applies

A Legal Conflicts Waiver is a written agreement in which an individual or organization discloses potential or actual conflicts of interest and grants consent to proceed despite those conflicts. Common in legal, financial, and corporate settings, the waiver records the nature of the conflict, informed consent from affected parties, and any limits on representation or action. It creates an evidentiary record that parties reviewed the conflict and agreed to a specified course of conduct. When executed electronically, it must meet ESIGN and applicable state UETA or ESRA requirements to be enforceable.

Why a Conflicts Waiver Matters for Clear, Defensible Records

Use a Legal Conflicts Waiver to document informed consent, reduce malpractice risk, and preserve transparency between parties. It clarifies duties, limits future disputes over representation, and supports ethical compliance when conflicts are unavoidable or mutually accepted.

Who Typically Prepares or Signs This Waiver

Typical users include law firms, corporate counsel, and transaction teams that must document and manage conflicts of interest.

Small and mid-size law firms documenting client consent for potential representation conflicts.
In-house counsel disclosing overlaps between corporate clients, vendors, or financial interests.
Financial advisors and accountants managing referral relationships and prior-client engagements.

The waiver helps organizations standardize disclosure, record consent, and maintain a defensible paper trail for ethical or regulatory review.

Step-by-Step: Completing a Legal Conflicts Waiver

Follow this sequence to complete a Legal Conflicts Waiver accurately, from information gathering through final signature and record retention.

01

Gather Information: Identify parties, dates, relationships, and prior representations.
02

Describe Conflict: Summarize nature, parties, and relevant dates.
03

Define Scope: State limits, duration, and conditions for withdrawal.
04

Execute & Store: Sign, date, and retain copy in secure records.

How to Configure an Online Waiver Workflow

Configure an online workflow to collect, authenticate, and archive Legal Conflicts Waivers with role assignment and retention settings.

Field	Configuration
Signer Authentication	Email link, SMS code, or KBA if required.
Signature Fields	Signature, initials, and date fields for each signer.
Conditional Logic	Show fields only when conflicts or specific answers appear.
Retention Settings	Set retention per policy and enable export to archive.

Typical Electronic Execution Workflow

Typical workflow for an electronic Legal Conflicts Waiver: prepare form, collect disclosures, obtain signatures, and store the executed record with an audit trail.

Prepare Document: Draft waiver with full disclosures and scope.
Add Fields: Include signature, date, and initial fields.
Authenticate Signer: Use email, SMS code, or stronger methods.
Record Audit: Save certificate with timestamps and IPs.

Platform Requirements and Integration Considerations

Ensure your signing platform supports secure storage, audit trails, and signer authentication methods consistent with your compliance obligations.

Integrations: Salesforce, NetSuite, Google Workspace support.
File Formats: PDF, DOCX, and PDF/A archival options.
Authentication: Email, SMS, SSO, and MFA available.

Security and Compliance Considerations for Electronic Execution

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest.

Certifications: SOC 2 Type II, ISO 27001, PCI DSS.

HIPAA: HIPAA compliant; BAA required for PHI workflows.

Audit Trail: Detailed timestamps, IPs, and action logs.

Access Control: SSO, role-based permissions, and MFA options.

Accessibility: WCAG 2.0 Level AA compliance supported.

Key Legal Risks and Potential Consequences

Enforceability Risk: May be void if consent not informed.

Malpractice Exposure: Could increase malpractice claim risk.

Regulatory Sanctions: Bar discipline possible under state rules.

Notarization Failure: Missing notary can invalidate document.

Third-Party Limits: Does not bind non-signatories.

Electronic Signature Issues: Noncompliance with ESIGN/UETA may affect validity.

Common Preparation Errors to Avoid

Failing to fully describe the conflict or omitting relevant dates leaves ambiguity that undermines informed consent and enforceability.
Using vague language about scope or duration creates room for dispute; specify precise limits and termination conditions instead of broad phrasing.
Not verifying signer identity or failing to retain an audit trail reduces probative value of an electronic waiver in court or regulatory review.
Attaching unrelated documents or failing to reference prior agreements can create conflicts between instruments and complicate enforcement or interpretation.

Comparison: Typical eSignature Plan Features and Costs

The table compares common eSignature plan features and costs relevant to executing Legal Conflicts Waivers; signNow is listed first for comparison.

	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	7-day free trial	Varies	Varies	Varies	Varies
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 Legal Conflicts Waivers

Answers to common questions about completing, executing, and validating a Legal Conflicts Waiver, including electronic signature and notarization concerns.

Need help? Contact support

Can a waiver be signed electronically?
Yes. Under the federal ESIGN Act (15 U.S.C. §7001) and state UETA statutes, most waivers may be signed electronically if the signature demonstrates intent, parties consent, and the record can be retained and reproduced. Exceptions for wills and certain court filings may apply.
When is notarization required?
Notarization depends on jurisdiction and document type. Real estate or power-of-attorney related waivers often require notarization; many states permit Remote Online Notarization with identity-proofing, audio-video recording, and retention requirements. Verify current state notary commission rules before execution.
What happens if the waiver is incomplete?
An incomplete waiver can be void or limit enforceability, expose parties to malpractice claims, or trigger delays while additional consents are obtained. Correct errors promptly, document amendments, and retain updated signed copies. Seek counsel if disputes arise over material omissions.
Can conflicts be waived prospectively?
Yes, parties may waive certain conflicts prospectively if informed consent is obtained and documented. The waiver should specify scope, duration, and any limits. Ethical rules may prohibit waivers in some situations; confirm applicable state bar or regulatory guidance.
How do I correct an executed waiver?
Prepare a written amendment that references the original waiver, clearly states corrections, and is signed and dated by all original signatories. In electronic workflows, attach the amendment to the document history and preserve an audit trail showing consent to the change.
Are waivers enforceable against third parties?
Generally waivers bind only the parties who signed them; they do not automatically affect third parties unless expressly included or assigned. Third-party enforcement depends on contract law, privity, and whether the waiver was intended to benefit or bind outside entities.

be ready to get more

Join over 28 million airSlate SignNow users

Sign Now