The Conflict Waiver is an essential document in Indonesian legal practice that addresses situations where a law firm identifies an actual or potential conflict of interest in its representation of clients. This document becomes necessary when a law firm wishes to represent a client despite having existing obligations to another client that might create a conflict, or when other circumstances arise that could affect the firm's independent professional judgment. The Conflict Waiver must comply with Indonesian legal requirements, particularly Law No. 18 of 2003 on Advocates and PERADI regulations, and should include comprehensive disclosure of the conflict, potential risks, and proposed safeguards. It serves as a protective mechanism for both the law firm and its clients, ensuring transparency and maintaining professional ethical standards while allowing for continued representation when appropriate.
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1. Letterhead and Date: Law firm's letterhead, date, and reference number
2. Client Information: Full details of the client(s) receiving the conflict waiver
3. Subject Line: Clear indication that this is a Conflict Waiver Request
4. Current Representation: Description of the current legal representation or matter
5. Conflict Disclosure: Detailed explanation of the actual or potential conflict of interest
6. Impact Analysis: Analysis of how the conflict might affect the client's interests
7. Safeguard Measures: Description of measures to be implemented to protect client interests
8. Consent Request: Formal request for client's informed consent to proceed despite the conflict
9. Acknowledgment: Client's acknowledgment and acceptance section with signature block
1. Alternative Counsel Notice: Information about the client's right to seek independent legal advice before signing
2. Confidentiality Measures: Specific details about information barriers or other confidentiality measures, if applicable
3. Withdrawal Provisions: Terms under which the firm might need to withdraw from representation
4. Prior Relationship Disclosure: Details of any relevant prior relationships with other parties, if applicable
5. Scope Limitations: Any limitations on the scope of representation due to the conflict
1. Conflict Details Schedule: Detailed description of the nature and scope of the conflict
2. Related Parties Schedule: List of all parties involved in or affected by the conflict
3. Information Barrier Protocol: If applicable, detailed procedures for maintaining information barriers between teams
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