Your Advance Conflict Waiver May Be A Conflict Creator

Two hot topics in client conflicts have been client affiliate conflicts and advance conflict waivers.   A recent decision in the Western District of Pennsylvania addressed the intersection of these two topics using a novel approach, construing a law firm’s advance waiver provision as an agreement that created client conflicts that would not otherwise exist.  This article discusses the decision and provides suggestions on how law firms can insulate themselves from suffering  similar unintended results.