New York Law (NYLE) Practice Exam

Is it necessary for a conflict of interest waiver to be confirmed in writing?

1. Yes, the client must confirm it in writing

2. Yes, either the client or the lawyer must confirm it in writing

3. Yes, both the client and lawyer must confirm it in writing

4. No, but it is advisable for the lawyer to confirm it in writing

The correct answer is: Yes, either the client or the lawyer must confirm it in writing

In the context of a conflict of interest waiver, it is essential that either the client or the lawyer confirms the waiver in writing to ensure clarity and protect the interests of all parties involved. This writing serves not only as documentation but also as a safeguard against potential misunderstandings or disputes regarding the waiver in the future. Having this confirmation in place helps establish that the client was aware of the potential conflicts and willingly chose to proceed with the representation despite those conflicts, which is crucial for both ethical compliance and legal protection. Written waivers provide a clear record to demonstrate that informed consent was obtained. Verbal agreements may not provide sufficient protection and could lead to complications if later questioned, making it prudent to have written confirmation as a best practice. This is why it's emphasized that it is sufficient for either the client or the lawyer to have written confirmation rather than necessitating that both parties confirm in writing.