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Conflict Waiver for Indonesia

Conflict Waiver Template for Indonesia

A Conflict Waiver is a formal document used in Indonesian legal practice that enables a law firm to represent a client despite the existence of an actual or potential conflict of interest. The document, governed by Indonesian law including Law No. 18 of 2003 on Advocates and PERADI regulations, provides detailed disclosure of the conflict, explains potential risks, outlines protective measures, and obtains informed consent from the affected client(s). It serves as both a risk management tool and a compliance document, ensuring transparency in professional relationships while maintaining ethical standards in legal practice.

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What is a Conflict Waiver?

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.

What sections should be included in a Conflict Waiver?

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

What sections are optional to include in a Conflict Waiver?

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

What schedules should be included in a Conflict Waiver?

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

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Waiver

Cost

Free to use
Relevant legal definitions



















Clauses




















Relevant Industries

Legal Services

Financial Services

Banking

Insurance

Real Estate

Manufacturing

Technology

Healthcare

Energy

Mining

Telecommunications

Construction

Retail

Professional Services

Education

Relevant Teams

Legal

Compliance

Risk Management

Corporate Secretariat

Ethics

Executive Leadership

Board of Directors

Corporate Governance

Regulatory Affairs

Relevant Roles

Managing Partner

Legal Counsel

Compliance Officer

Risk Manager

General Counsel

Corporate Secretary

Chief Legal Officer

Ethics Officer

Senior Partner

Legal Director

Relationship Partner

Chief Executive Officer

Chief Operations Officer

Board Member

Company Director

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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