Spousal Conflict Waiver Agreement

Spousal Conflict Waiver Agreement

This Spousal Conflict Waiver Agreement (the Agreement) is made and entered into on this day: of , , by and between Client Name: of Client Address: and Spouse Name: of Spouse Address: (collectively the Parties).

RECITALS

WHEREAS, Client has engaged or seeks to engage Attorney or Firm to provide legal services with respect to the matter described as:

WHEREAS, Spouse is the spouse or domestic partner of Client and by reason of that relationship may have interests or information that could give rise to an actual or potential conflict of interest in Attorney's or Firm's representation of Client; and

WHEREAS, Spouse acknowledges receipt of a written or oral disclosure describing the nature of the potential conflict and the scope of the proposed representation and is willing to consent to that representation under the terms set forth below.

NOW THEREFORE

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

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

"Attorney" means the lawyer or law firm identified by Client to represent Client in the matter described above. Attorney Name (if known):

2. CONSENT AND WAIVER

Spouse acknowledges that Attorney's simultaneous or successive representation of Client may give rise to an actual or potential conflict of interest by reason of Spouse's relationship to Client. Spouse hereby voluntarily and knowingly consents to Attorney's representation of Client in the Matter despite such conflict, subject to the limitations set forth in this Agreement.

Spouse expressly waives any claim that Attorney's representation of Client constitutes a breach of a duty to Spouse, provided Attorney complies with the terms of this Agreement and applicable ethical obligations.

3. SCOPE OF WAIVER; LIMITATIONS

The waiver is limited to the Matter described above and does not authorize Attorney to represent Client in any matter adverse to Spouse unless Spouse gives a separate written waiver. Spouse's consent does not obligate Attorney to take any action that is inconsistent with Attorney's duties under law or rules of professional conduct.

Spouse acknowledges that Attorney may be required by applicable professional rules to withdraw from representing Client if a non-waivable conflict arises or if continuing representation would otherwise violate professional obligations.

4. DISCLOSURES

Client and Attorney have made the following disclosures to Spouse concerning the potential conflict, the identity of persons and entities affected, and the anticipated scope and duration of the joint representation:

Spouse confirms that the disclosures were made in a manner sufficient to permit Spouse to make an informed decision whether to consent to Attorney's representation of Client.

5. CONFIDENTIALITY AND USE OF INFORMATION

Attorney shall keep confidential all information protected by the attorney-client privilege belonging to Client. Spouse acknowledges that information shared by Spouse with Attorney may be subject to disclosure to Client if relevant to the Matter, except as otherwise protected by law. If Spouse intends to share privileged information that Spouse seeks to keep from Client, Spouse should seek independent counsel.

6. ACKNOWLEDGEMENTS AND REPRESENTATIONS

Spouse represents that Spouse has read this Agreement, had a reasonable opportunity to review it, and understands the rights that Spouse is waiving. Spouse further represents that Spouse is not under the undue influence of any person in executing this Agreement.

Spouse acknowledges the right to seek independent legal advice regarding the advisability of signing this Agreement and whether any additional protections are necessary. Indication that Spouse has received independent advice:

7. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses set forth at the beginning of this Agreement or such other address as a Party may designate by written notice to the other Party. Notices shall be deemed given upon personal delivery, or three (3) days after deposit in the United States mail, postage prepaid.

8. AMENDMENTS; WAIVER

This Agreement may be amended only by a writing signed by both Parties. No waiver of any provision of this Agreement shall be effective unless in writing and signed by the Party against whom the waiver is asserted. A failure to enforce any provision at any time shall not constitute a waiver of that provision.

9. GOVERNING LAW

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

10. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior negotiations, understandings and agreements, whether written or oral, relating to such subject matter.

11. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid provision that most closely effects the Parties' intent.

12. 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.

SIGNATURES

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