Waiver of Future Conflicts of Interest for Non-Panel or Independent Counsel Can Create Future Problems

Good Litigation Management Practice Means Never Signing a Legal Fee Agreement with a Waiver of Future “Conflict of Interests” Clause.

It seems that it is becoming de rigueur for attorney engagement agreements to contain a paragraph in which the client is required to consent to (or waive) future conflicts of interest (COI) as a condition precedent to the attorney taking on the representation.

There is no question in my mind that individuals and small businesses who are not “experienced users of legal services” are being victimized by attorneys who often use this sharp business practice in a deceptive and often unethical manner. However, even experienced users of legal services such as insurers also need to be on guard against falling victim to this practice. Here’s why . . . .

[A complete copy of this blog post is available to clients of LegalBillAudit.com. To obtain a copy, please contact clientservices@legalbillaudit.com.]

The Lowdown on Why Independent Counsel Perform So Much Unnecessary Research

In a prior blog piece on “unnecessary research,” I noted that it is one of the more common issues I come across when reviewing legal bills from “independent counsel.”  I had several people contact me off-line to discuss this issue.  In particular, they were interested in knowing more about why this is a particular issue with independent counsel bills and not panel counsel bills.

[A complete copy of this blog post is available to clients of LegalBillAudit.com. To obtain a copy, contact clientservices@legalbillaudit.com.]