Conflict Waiver Template for Hong Kong

A Hong Kong conflict waiver is a formal document used in legal practice to address and obtain client consent for actual or potential conflicts of interest in legal representation. The document must comply with Hong Kong's Legal Practitioners Ordinance and the Hong Kong Solicitors' Guide to Professional Conduct, incorporating specific requirements for disclosure, informed consent, and professional obligations under Hong Kong law. It includes detailed explanations of the conflict situation, proposed safeguards, and acknowledgment of the client's right to seek independent legal advice, all while maintaining compliance with Hong Kong's professional conduct standards and common law principles.

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What is a Conflict Waiver?

A Conflict Waiver is a crucial document required when a law firm identifies an actual or potential conflict of interest in its legal representation of clients in Hong Kong. The document is essential for compliance with Hong Kong's Legal Practitioners Ordinance and professional conduct rules, being used when a law firm wishes to represent a client despite an identified conflict of interest with another current or former client. The Conflict Waiver must provide comprehensive disclosure of the conflict situation, explain potential risks and implications, detail proposed safeguards, and obtain informed consent from the affected clients. It should be drafted with careful attention to Hong Kong's specific requirements regarding professional conduct, client confidentiality, and fiduciary duties, ensuring all parties are adequately informed and protected.

What sections should be included in a Conflict Waiver?

1. Addressing and Dating: Formal letter heading including recipient details and date

2. Subject Line: Clear identification of the matter as a Conflict Waiver Request

3. Introduction: Identification of the law firm and the context requiring the conflict waiver

4. Conflict Description: Detailed explanation of the actual or potential conflict of interest

5. Implications: Clear explanation of how the conflict might affect the client's interests

6. Safeguards: Description of measures the firm will implement to protect the client's interests

7. Independent Advice: Recommendation to seek independent legal advice regarding the waiver

8. Consent Request: Explicit request for consent and acknowledgment of understanding

9. Execution Block: Signature blocks for client acknowledgment and acceptance

What sections are optional to include in a Conflict Waiver?

1. Related Party Details: Additional information about other clients or parties involved in the conflict scenario, used when multiple parties are relevant to the conflict

2. Specific Transaction Details: Detailed description of the transaction or matter giving rise to the conflict, used when the conflict relates to a specific transaction

3. Future Conflicts Provision: Language addressing potential future conflicts, used when seeking advance waiver for anticipated conflicts

4. Information Barriers: Detailed description of ethical walls or other information barriers, used when such measures are being implemented

5. Jurisdiction-Specific Provisions: Additional provisions required by specific jurisdictions, used for multi-jurisdictional matters

6. Termination Rights: Specific provisions regarding the right to terminate the waiver, used in complex or long-term conflict situations

What schedules should be included in a Conflict Waiver?

1. Schedule 1 - Detailed Conflict Description: Comprehensive description of the conflict situation, including relevant parties and matters

2. Schedule 2 - Affected Parties: List of all parties involved in or affected by the conflict situation

3. Schedule 3 - Implemented Safeguards: Detailed description of all protective measures and information barriers being implemented

4. Appendix A - Related Matters: List and description of related matters or transactions relevant to the conflict

5. Appendix B - Consent Form: Separate detailed consent form for client execution if required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use

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