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Conflict Waiver

Conflict Waiver Template for Belgium

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Key Requirements PROMPT example:

Conflict Waiver

"I need a Conflict Waiver document under Belgian law for our law firm to represent both the buyer and seller in an upcoming merger transaction closing in March 2025, with appropriate information barriers and specific consent provisions for both parties."

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Document background
The Conflict Waiver is a critical risk management tool used in Belgian legal practice when a law firm identifies actual or potential conflicts of interest in client representation. This document becomes necessary when a law firm wishes to represent a client despite an identified conflict, provided that such representation is permissible under Belgian law and professional regulations. The waiver must comply with the Belgian Bar Association's requirements and the Belgian Code of Ethics for Lawyers (Codex Deontologie). It typically includes detailed disclosure of the conflict, proposed safeguards, and requires informed consent from all affected parties. The document serves both as a protective measure for the law firm and as a transparency tool ensuring clients make informed decisions about their legal representation.
Suggested Sections

1. Header Information: Law firm letterhead, date, and client details

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

3. Current Representation: Description of the existing attorney-client relationship

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

5. Impact Analysis: Description of how the conflict might affect the representation

6. Safeguard Measures: Explanation of measures to protect client interests despite the conflict

7. Consent Request: Formal request for client's informed consent to proceed despite the conflict

8. Client Rights: Statement of client's right to seek independent legal advice

9. Signature Blocks: Spaces for client acknowledgment and attorney signatures

Optional Sections

1. Multiple Client Acknowledgment: Required when the conflict involves multiple clients who need to provide consent

2. Future Conflicts: Optional section addressing potential future conflicts that may arise

3. Withdrawal Provisions: Optional section outlining circumstances under which the firm may need to withdraw

4. Information Barriers: Required when describing specific ethical walls or information barriers being implemented

5. Prior Representation Details: Required when the conflict involves previous representation of other parties

Suggested Schedules

1. Conflict Details Schedule: Detailed description of the specific conflict situation and involved parties

2. Information Barrier Procedures: If applicable, detailed procedures for maintaining information barriers

3. Related Party List: List of all parties involved in or affected by the conflict situation

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 | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Legal Services

Financial Services

Professional Services

Banking

Insurance

Real Estate

Manufacturing

Technology

Healthcare

Energy

Telecommunications

Construction

Retail

Pharmaceuticals

Consulting

Relevant Teams

Legal

Compliance

Risk Management

Corporate Governance

Executive Leadership

Board of Directors

Ethics

Regulatory Affairs

Corporate Secretariat

Management Committee

Relevant Roles

Managing Partner

Senior Partner

Legal Counsel

General Counsel

Compliance Officer

Risk Manager

Ethics Officer

Corporate Secretary

Chief Legal Officer

Head of Legal

Legal Director

Chief Executive Officer

Chief Financial Officer

Board Member

Managing Director

Industries
Belgian Civil Code (Articles 1101-1369): Fundamental provisions governing contracts, consent, and legal obligations between parties in Belgium
Codex Deontologie (Belgian Code of Ethics for Lawyers): Professional rules of conduct for lawyers in Belgium, including specific provisions on handling conflicts of interest and client relationships
Belgian Bar Association Rules on Conflicts of Interest: Specific regulations governing how lawyers should handle potential conflicts of interest and obtain informed consent from clients
Belgian Law on Professional Secrecy (Article 458 Criminal Code): Legal provisions regarding professional confidentiality obligations and the conditions under which information can be shared
GDPR and Belgian Data Protection Act: Regulations governing the processing and protection of personal data, relevant when handling client information in conflict situations
European Code of Conduct for Lawyers: Supplementary guidelines for legal professionals in Europe, including provisions on conflicts of interest and client relations
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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