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 . . . .

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