RK&O Client Alert: CA Supreme Court Decision Raises New Questions About Advance Waivers of Conflicts

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December 20, 2018

In a recent decision, the California Supreme Court declined to enforce a law firm’s engagement agreement on the basis of the agreement’s blanket advance conflict waiver, which the Court held did not suffice to cure the conflict of interest created by the firm’s simultaneous representation of two adverse clients. In voiding the entire engagement agreement, the Court deprived the law firm of the protections of the agreement’s arbitration clause and, potentially, of more than $1 million in unpaid legal fees.

In this client alert, RK&O attorneys James Q. Walker, Daniel C. Zinman and Jacob Taber review the decision and outline key lessons learned for lawyers and law firms.  

Click here to read the client alert.